Morgan v. Houston
Supreme Court of Vermont
Petition -for a new-trial, on the ground of surprise, in the ruling of the (Court, and newly discovered evidence. The County .Court, — Poland, J. presiding, — dismissed the petition. To which decision fthe plaintiffs excepted. fl.
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Petition -for a new-trial, on the ground of surprise, in the ruling of the (Court, and newly discovered evidence. The County .Court, — Poland, J. presiding, — dismissed the petition. To which decision fthe plaintiffs excepted. fl. Surprise has ever been considered-a good c-ause, for the granting The particular consideration in this case is, whether the matter of surprise is -of that extent and character, that will authorize the court to interpose ? We affirm that it is; the main matter of controversy being involved in it, and that to the amount of several •hundred dollars. The plaintiffs,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
This is a petition for a new trial, on the-ground of surprise, at the trial, and newly discovered evidence.
1. One ground of surprise, on the part of the petitioners, is that the County Court ruled the law different from what they expected,, and that ruling was affirmed, in this court. This could never form the basis of a petition for a new trial. This is a surprise that overtakes every body concerned in the administration of civil justice, every day of his life. Human opinion is infinitely various, and always will be.
If a party supposes…
2Cited by9 opinions
- MacDonald, B.N.F. v. OrtonSupreme Court of Vermont · 1926
- Bardwell v. Commercial Union Assurance Co.Supreme Court of Vermont · 1933
- State v. MaguireSupreme Court of Vermont · 1927
- Webb v. StateSupreme Court of Vermont · 1916
- Allen v. ChambersWashington Supreme Court · 1897
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