Jones v. Lustig

We will dispose of the questions presented on this appeal in their reverse order, and first as to the motion for a new trial on the ground of newly-discovered evidence and surprise. Newly-discovered evidence in no sense means evidence that was known to he in existence, and which, for some unknown or unexplained reason, was not presented at the trial. Even if it were impossible to have secured the evidence, whether by subpoena or under a commission, does not make it newly-discovered, if the facts were known at or before the trial of the action. If offered at a later stage of the case, upon the…