Rush v. United States

This is in form a motion for the new trial of certain issues heretofore considered and determined, but when examined in connection with the specific assignments of error the motion is to all intents and purposes a petition for the re-arguipent of the cause upon substantially the same record as that offered to the court upon the trial. There is no newly discovered testimony of a competent nature, and the' allegation of surprise does hot appear to come within any of the rules prescribed by law sufficient to entitle the parties to a new trial. Viewing the case, then, exactly as presented at the…