Erickson v. Clifton

In granting plaintiff’s motion for a new trial the learned trial judge filed a memorandum by which it is established that he bore in mind the conditions which we have said must be fulfilled before a new trial may be granted because of newly discovered evidence. These conditions, as repeated by the trial court, appear in Miller Saw-Trimmer Co. v. Cheshire (1922), 177 Wis. 354, 189 N. W. 465; reaffirmed in Mickoleski v. Becker (1948), 252 Wis. 307, 311, 31 N. W. (2d) 508; and Estate of Teasdale (1953), 264 Wis. 1, 58 N. W. (2d) 404. They are:

1. The evidence must have come to the moving party’s…