Ploof v. Putnam

Final judgment having gone against the defendant at a former term, the case now comes before us on his petition for a new trial on the ground of newly discovered evidence.

The only evidence presented, to show diligence on his part to discover the evidence relied upon before the trial below, is contained in the affidavit of Mr. Braisted, who was employed by the defendant to look up the evidence and prepare the ease for trial. He says that he spent several days in procuring and endeavoring to procure witnesses, and saw various and all persons of whom he could learn by diligent inquiry that might…