Hart v. Brainerd
Supreme Court of Connecticut
. Petition for a new trial for newly-discovered evidence, brought to the Superior Court in Middlesex County and tried to the court, Shumway, J., upon the respondents’ demurrer to the petition; the court sustained the demurrer and thereafter rendered judgment for the respondents, and the petitioner appealed for alleged errors in the rulings of the court. The ease is sufficiently stated in the opinion.
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. Petition for a new trial for newly-discovered evidence, brought to the Superior Court in Middlesex County and tried to the court, Shumway, J., upon the respondents’ demurrer to the petition; the court sustained the demurrer and thereafter rendered judgment for the respondents, and the petitioner appealed for alleged errors in the rulings of the court. The ease is sufficiently stated in the opinion. The sole question before the court now, is as to the sufficiency in law of the plaintiff’s complaint. The evidence is “ newly-discovered ” within a proper construction of the law. Waller v.…
1Opinion of the CourtTorrance, J.
This is a petition for a new trial on account of newly-discovered evidence, in the case of Hards Appeal from Probate, reported in 63 Conn. 575. The petition alleges in substance, that in the trial of that case it was a material question whether Erastus Brainerd did in fact execute the instrument offered as his will, which purported to have been executed in New York City on the 20th of August, 1887, and whether he was in fact in New York City on the 18th, 19th and 20th days of August of that year; that the exhibits annexed to the petition contained substantially all the evidence offered .in…
2Cases cited3 opinions
- Waller v. GravesSupreme Court of Connecticut · 1850
- Norwich & Worcester Railroad v. CahillSupreme Court of Connecticut · 1847
- Hart's Appeal From ProbateSupreme Court of Connecticut · 1894
3Cited by11 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
- Gonirenki v. American Steel & Wire Co.Supreme Court of Connecticut · 1927
- State v. ReillyNorth Dakota Supreme Court · 1913
- Reilly v. StateConnecticut Superior Court · 1976
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