Bennett v. Riley
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings Count). Action by George Bennett, as administrator of the estate of Florence T. S. Bennett, deceased, against James Riley. From an order denying a motion for a new trial for newly discovered evidence, defendant appeals.
1Opinion of the CourtJenks, J.
As the learned justice who decided the motion at Special Term did not preside at the trial, he did not have any advantage over us in hearing and seeing the witnesses who are attacked. This motion is out of the ordinary, in that it involves a question of conspiracy and flat perjury by the only alleged witnesses of the accident, or of conspiracy and perjury by their accusers, some of the affiants on the motion. There is no escape from one conclusion or .the other.
It is not easy to bring home the conspiracy or the perjury by the perusal of affidavits. The court should not be required to do this…
2Cited by3 opinions
- Denver City Tramway Co. v. BrierSupreme Court of Colorado · 1915
- Shanahan v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1913
- Bennett v. RileyAppellate Division of the Supreme Court of the State of New York · 1903