Moorhead v. Webster
City of New York Municipal Court
Action by Silas E. Moorhead against David Webster, impleaded. Defendant moves for a new trial. Denied.
1Opinion of the CourtO’Dwyer, J.
Motion made on behalf of the defendant for a new trial upon the ground of newly discovered evidence. With respect to two of the grounds upon which the motion is based I have no hesitancy in holding that the evidence has been discovered since the trial, and that it could not with reasonable diligence have been obtained upon the trial. The motion is therefore tO' be decided upon the claim made that the newly discovered evidence is material to the issue, and of such a nature as to raise a reasonable ground to believe that it would change the result. I have carefully read and considered the claim…
2Cases cited1 opinion
- Moorhead v. SeymourCity of New York Municipal Court · 1901