Nicholson v. Metcalf
Montana Supreme Court
Appeal from, District Court, Silver Bow County; E. W. Harney, Judge. Action by D. D. Nicholson and another against George Met-calf, as administrator of the estate of Peter B. Dunn, deceased. There was judgment for defendant, and from an order granting a motion for a new trial he appeals.
1Opinion of the Court
MR. COMMISSIONER CLAYBERG
prepared the following opinion for the court:
This is an appeal by Metcalf from an order granting a new trial. The only ground of the motion for a new trial was newly discovered evidence. The only affidavit filed showing that evidence was newly discovered is that of plaintiffs. This affidavit, in so far as the discovery of the evidence and the showing of diligence in that regard is concerned, is as follows: “That subsequent to the trial of said cause, to-wit, on the 12th day of December, A. D. 1902, I have discovered evidence which will establish the fact that myself…
2Cases cited9 opinions
- State v. PowerWashington Supreme Court · 1901
- Barton v. LawsColorado Court of Appeals · 1894
- Bradley v. NorrisSupreme Court of Minnesota · 1896
- Rand v. KippMontana Supreme Court · 1902
- Butler v. VassaultCalifornia Supreme Court · 1870
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3Cited by7 opinions
- Fusselman v. Yellowstone Valley Land & Irrigation Co.Montana Supreme Court · 1917
- Bell v. BellMontana Supreme Court · 1958
- Freisheimer v. Missoula Creamery Co.Montana Supreme Court · 1922
- State v. PRLJAMontana Supreme Court · 1920
- Spencer v. SpencerMontana Supreme Court · 1905
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