Davis v. Terry

In applications for new trials at a term of the court subsequent to the trial term at which a judgment is obtained, the proceeding is in the nature of an original suit in equity. Whatever, therefore, would be the subject of equitable cognizance in any case, would be of like cognizance in a suit for a new trial. The party complaining is not, consequently, confined by the rules of the statute in reference to the granting of new trials. The principles of equity must prevail in such applications. If there be accident, fraud or mistake, or any other circumstances, not *427attributable to his own fault…