Lewis v. Hawley
Supreme Court of Connecticut
IN ERROR. THIS was a petition brought by Lewis to the superior court, for a new trial of an action of slander, in which Hawley had recovered a verdict and judgment against him.(a) The petition was voluminous, detailing all the evidence exhibited by Hawley on the trial, alleging falsehood, mistake, fraud and surprise, and averring newly discovered and material evidence. To this petition there was a demurrer.
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IN ERROR. THIS was a petition brought by Lewis to the superior court, for a new trial of an action of slander, in which Hawley had recovered a verdict and judgment against him.(a) The petition was voluminous, detailing all the evidence exhibited by Hawley on the trial, alleging falsehood, mistake, fraud and surprise, and averring newly discovered and material evidence. To this petition there was a demurrer. The court adjudged the petition insufficient; whereupon this writ of error was brought. went into a minute, and elaborate discussion of the allegations in the petition, contending that a…
1Opinion of the CourtBrainard, J.
A petition for a new trial on the ground of surprise and newly discovered evidence is an address to the sound discretion of the court. The court in fact are presumed to possess the whole of the testimony offered on the trial. They have a full view of the case as it appeared to them ; with which they are to compare the surprise and newly discovered evidence stated ; and, if called to it by demurrer, to judge of the nature and extent of the one, and of the importance and relevancy of the other. These are to be tested by the discretion of the court, of which error is not predicable.
Our…
2Cited by8 opinions
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Gannon v. StateSupreme Court of Connecticut · 1903
- Parsons v. PlattSupreme Court of Connecticut · 1871
- Carpenter v. MeachumSupreme Court of Connecticut · 1994
- Jones v. StateSupreme Court of Connecticut · 2018
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