Teasdale v. Teasdale

It is conceded that five separate requirements must be met by the trustees before a new trial will be granted on the ground of newly discovered evidence:

1. The evidence must have come to their knowledge after the trial.

2. They must not have been negligent in seeking to discover it.

3. The evidence must be material to the issue.

4. The evidence must not be merely cumulative to testimony introduced at the trial.

5. It must be reasonably probable that a different result would be reached on a new trial.

There is no argument on the first point.

Applications for a new trial on this ground are looked…