Hartman v. Morning Journal Ass'n
New York Court of Common Pleas
Appeal from special term. Action for libel by Charles J. Hartman against the Morning Journal Association. From an order denying a motion for a new trial made on the ground of newly-discovered evidence, defendant appeals.
1Opinion of the CourtBookstaver, J.
In the view we take of this case, it is not necessary to determine whether Beers v. Root, 9 Johns. 264, is now the law of this state. The motion was made under section 1002 of the Code of Civil Procedure for *402matters outside the record. The principal grounds for such motions have been geneially regarded as three, to wit, newly-discovered evidence, surprise, and misconduct of the jury. The latter ground is not raised by the moving papers,.as no misconduct is charged. It must therefore rest upon surprise or newly-discovered evidence. We do not think it can be successfully based upon the ground…
2Cases cited2 opinions
- Hooker v. TerpenningNew York Supreme Court · 1890
- Beers v. RootNew York Supreme Court · 1812
3Cited by1 opinion
- State v. BarnesSouth Dakota Supreme Court · 1910