Ela v. Ela
Supreme Court of New Hampshire
Petitions for new trials, on tlie ground of newly discovered evidence. The cases are reported in 70 N H. 163. Transferred from the April term, 1902, of the superior court by Peaslee, J. The defendant alleged that he had in his possession newly discovered evidence tending to prove (1) that there was a statute of Alabama under which the plaintiffs were not entitled to any part of the rents ; (2) that the rents paid were in fact less than found by the court at the former trial;…
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Petitions for new trials, on tlie ground of newly discovered evidence. The cases are reported in 70 N H. 163. Transferred from the April term, 1902, of the superior court by Peaslee, J. The defendant alleged that he had in his possession newly discovered evidence tending to prove (1) that there was a statute of Alabama under which the plaintiffs were not entitled to any part of the rents ; (2) that the rents paid were in fact less than found by the court at the former trial; (3) that the claim which was the subject of suit in the second case had been released. The petitions were granted,…
1Opinion of the Court
"A new trial may be granted in any case, when through accident, mistake, or misfortune justice has not been done and a further hearing would be equitable." P. S., c. 230, s. 1. "The question whether a new trial should be granted on the ground that by reason of newly discovered evidence a further hearing would be equitable, is a question of fact to be decided at the trial term." Brooks v. Howard, 58 N.H. 91; Davis v. Dyer, 62 N.H. 231; State v. Stone, 65 N.H. 124, 126; Gray v. Bridge, 11 Pick. 189; Greene v. Farlow, 138 Mass. 146.
The superior court has found that "newly discovered evidence…
2Cases cited11 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Case v. CoddingCalifornia Supreme Court · 1869
- White v. Trinity ChurchSupreme Court of Connecticut · 1823
- Greene v. FarlowMassachusetts Supreme Judicial Court · 1884
- Morton v. RutherfordWisconsin Supreme Court · 1864
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3Cited by5 opinions
- McGinley v. Maine Central RailroadSupreme Court of New Hampshire · 1919
- Perley v. RobertsSupreme Court of New Hampshire · 1941
- Hutchins v. BerrySupreme Court of New Hampshire · 1907
- Tuttle's PetitionSupreme Court of New Hampshire · 1921
- West v. Boston & Maine RailroadSupreme Court of New Hampshire · 1925