Spaulding v. Knight
Massachusetts Supreme Judicial Court
Motion to the Superior Court for a new trial, on the ground of newly discovered evidence. Annexed to the motion were various affidavits of the defendant and his witnesses, and certain letters of the plaintiff.
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Motion to the Superior Court for a new trial, on the ground of newly discovered evidence. Annexed to the motion were various affidavits of the defendant and his witnesses, and certain letters of the plaintiff. Hearing before Dewey, J., who allowed a bill of exceptions in substance as follows": The original action was in tort for deceit and conspiracy, in which the defendant and Samuel K. Elliott were charged with conspiracy to defraud the plaintiff by passing to him, as collateral security for Elliott’s note of $800, a forged and fictitious promissory note, purporting to be for the sum of…
1Opinion of the Court
By the Court.
1. The object of the rule of court is, that nothing less than evidence supported by oath shall be admitted. It was clearly within the discretion of the court below to admit oral testimony.
2. The bill of exceptions does not state the whole of the evidence. The letters relied upon by the defendant are only part of the evidence. If the evidence was conflicting, the finding of the judge of the court below was final. Whether the evidence was conflicting or not, as all the evidence does not appear, wei cannot revise such finding, and as no error of law is shown, the
Exceptions must he…
2Cited by5 opinions
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