McIver v. Hallen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George McIver, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 2d day of J une, 1899, denying the plaintiff’s motion for a new trial on the ground of newly-discovered evidence.
1Opinion of the Court
Willard Bartlett, J. :
The rule formerly prevailed in the Supreme Court that a motion for a new trial on the ground of newly-discovered evidence could not be made except upon a case which presented the evidence given on the first trial, so that the court, both at Special Term and General Term, could ascertain whether the evidence alleged to be newly discovered was cumulative or not, and whether it would be likely to change the result if offered on a second trial. (Russell v. Randall, *44230 N. Y. St. Repr. 452.) The Court of Appeals, however, in reviewing the case cited held that where the parties…
2Cases cited2 opinions
- Russell v. . RandallNew York Court of Appeals · 1890
- Smith v. RentzNew York Supreme Court · 1893
3Cited by4 opinions
- In re the Judicial Settlement of Accounts of RoseAppellate Division of the Supreme Court of the State of New York · 1912
- Rosenthal v. Bell Realty Co.New York Supreme Court · 1907
- In re the Estate of GatesNew York Surrogate's Court · 1918
- Bobowski v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1950