Denn ex dem. Hughs v. Morrell
The Superior Court of New York City
This was an application for a new trial, upon the ground of hewly discovered evidence. The original action brought by the the plaintiffs, was an action of ejectment, to recover one third part of a house and lot of land, situated in the city of New-Yorlt. Upon the trial, the plaintiffs had a verdict, subject to the opinion of the court, upon a case to be made, and upon the argument of the case, the court gave judgment in favour of the plaintiffs.
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This was an application for a new trial, upon the ground of hewly discovered evidence. The original action brought by the the plaintiffs, was an action of ejectment, to recover one third part of a house and lot of land, situated in the city of New-Yorlt. Upon the trial, the plaintiffs had a verdict, subject to the opinion of the court, upon a case to be made, and upon the argument of the case, the court gave judgment in favour of the plaintiffs. The defendants now moved for a new trial upon the ground of newly discovered evidence. The affidavit upon which the motion was founded, was made by…
1Opinion of the Court
Upon this state of facts, the Court held, that the party moving for a new trial upon the ground of newly discovered evidence^ was bound to produce the affidavit of the witness, from whom such evidence was to come, setting forth the facts, or shew that such affidavit could not be obtained. In the present case, (they said,) there was no ground to suppose that Dibblee would give the testimony detailed in the affidavit, except from the belief of the deponent, and the application was therefore refused.
[W. W. McLellan, Att'y for the plff. John M. Cannon, Att'y for the deft.]
2Cited by8 opinions
- Mann v. CliftonIndiana Supreme Court · 1833
- Rogers v. HuieCalifornia Supreme Court · 1851
- Dixon v. GrahamSupreme Court of Iowa · 1864
- In re Mayer's EstateNew York Supreme Court · 1895
- In re CollinsNew York Surrogate's Court · 1887
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