Olmstead v. Hill
Supreme Court of Arkansas
Error to Crawford Circuit Court. This was an action of assumpsit, brought by Hill against Olmstead. The general issue was pleaded; and by consent the evidence was submitted to the court, instead of the jury, and a judgment was rendered for the plaintiff below.
Read the full summary
Error to Crawford Circuit Court. This was an action of assumpsit, brought by Hill against Olmstead. The general issue was pleaded; and by consent the evidence was submitted to the court, instead of the jury, and a judgment was rendered for the plaintiff below. There was a motion for a new trial on the part of the defendant, which was overruled; whereupon he excepted to the opinion of the court, and incorporated into the record, the whole of the evidence that was given upon the trial. The testimony was that Hill had purchased a parcel of goods with his own money, and employed Olmstead to…
1Opinion of the CourtLacy, Judge
The doctrine in regard to granting new trials upon the ground of newly discovered testimony, is fully explained and established in the case of Robins vs. Fowler, heretofore decided at a previous term of this court. Indeed the authorities are so numerous and full upon the point, and the reasons and principles upon which they rest, are so obvious and conclusive, that it seems almost impossible, to overlook the essential requisites that the law requires to entitle a party to a new trial. Jle must have been guilty of no neglect or laches in preparing his case for trial. It must have been out of…
2Cases cited3 opinions
- Rogers v. Hosack's ExecutorsNew York Supreme Court · 1837
- Chase v. BarrettNew York Court of Chancery · 1833
- Ross v. DrinkerThe Superior Court of New York City · 1829
3Cited by8 opinions
- Chavers v. Epsco, Inc.Supreme Court of Arkansas · 2003
- Northwest Arkansas Farmers' Mutual Tornado Insurance v. OsbornSupreme Court of Arkansas · 1929
- Humphries v. McCrawSupreme Court of Arkansas · 1843
- Southern Cotton Oil Co. v. CampbellSupreme Court of Arkansas · 1913
- Merrick v. BrittonSupreme Court of Arkansas · 1871
3 more not listed; retrieve them via the Exa API.