Madden v. Shapard
Texas Supreme Court
— Appeal from Washington County. This was a trial of the right of property in a slave, levied on by virtue of an execution in favor of the appellee, and claimed by the appellant. The trial was had at the fall term, 1847. The jury found for the plaintiff in execution, and the property was adjudged subject to the execution.
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— Appeal from Washington County. This was a trial of the right of property in a slave, levied on by virtue of an execution in favor of the appellee, and claimed by the appellant. The trial was had at the fall term, 1847. The jury found for the plaintiff in execution, and the property was adjudged subject to the execution. The claimant moved for a new trial, on the ground of newly discovered evidence; and, in support of the motion, filed his affidavit stating that newly discovered facts, material to his-defense, had come to his knowledge since the trial; that "W. C. Watson had in his…
1Opinion of the CourtJustice Wttkeueb
The propriety of the ruling of the court, in refusing the application for a new trial, is the only question presented by the record.
It is well settled, that a new trial will not be granted on the ground of newly discovered evidence, if the facts proposed to-be proved by the new evidence be not disclosed and set out in the application. [2 Bibb, 179; id. 287; 9 Shep. 246; 1 A.. K. Marsh, 188.] Mor will a new trial, in general, be granted-on the ground of new and material evidence, if supported only by the affidavit of the party. [1 Tyler, 441.] To entitle a party to a new trial for this cause,…
2Cases cited1 opinion
- Webber v. IvesSupreme Court of Vermont · 1802
3Cited by9 opinions
- Blackburn v. KnightTexas Supreme Court · 1891
- Koontz v. StateTexas Supreme Court · 1874
- Huggins v. CareyCourt of Appeals of Texas · 1912
- McCartney v. MartinTexas Commission of Appeals · 1880
- Fort v. Cameron & MooreTexas Commission of Appeals · 1881
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