Matthews v. Allaire

The Chief Justice delivered the opinion of the court.

On the trial of this cause the defendant offered to examine one Annaniah Gifford as a witness. ITe was objected to by the plaintiff’s counsel, being the special bail of the defendant.

The defendant moves for a new trial on the ground of surprise. In support of the motion, a single affidavit was-produced, made by the defendant’s attorney, who states that he was not acquainted with Annaniah Gifford, and had no idea of his being the person named as special bail; and that Annaniah Gifford was in his opinion a material witness.

Surprise, although…