Beebe v. Beebe

By the Court,

Brown, J.

The motion in this case is denied, the showing being deemed insufficient.

One of the grounds relied upon for a new trial was newly discovered evidence, and in support of this ground the following authorities were cited: Hilliard on New Trials, 362, 382, 384; 1 Johns. Cases, 402; 20 Conn., 305; 14 Vt., 414; 7 Dana, 329; 28 Maine, 379; 7 Met. 478; 6 Pick, 114; 18 Vt., 460; 20 Conn., 305; 3 Gra., and Waterman on N. T., 1019.

Contra: It must be made to appear affirmatively that the evi. denee could not have been discovered by due,ordinary or reasonable diligence. Hilliard on…