Garno v. Burgard

Lambert, J.:

The motion for a new trial in this case in its essential characteristics is not founded on newly-discovered evidence. The impugning circumstances arose out of the confession of the witness Killen that he had given false (material) evidence on the trial of the action, and hence diligence in any degree would not have disclosed the groundwork of this motion before trial. The verdict and the judgment rest in fraud, perpetrated without the possible knowledge of the defendant. The court was imposed upon, as well as the defendant. It would, therefore, be a mockery of justice to require…