Land v. Miller
Texas Supreme Court
Appeal from Gonzales. Suit by the payee of a promissory note — the appellee-against the payor, the appellant. Answer, that the note was staked upon a horse-race ; that the “plaintiff defrauded defendant in said race; ” “that the note was not fairly obtained by plaintiff, and that the judges of said race never-made any decision as to who had won the race.” Verdict and judgment for the plaintiff.
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Appeal from Gonzales. Suit by the payee of a promissory note — the appellee-against the payor, the appellant. Answer, that the note was staked upon a horse-race ; that the “plaintiff defrauded defendant in said race; ” “that the note was not fairly obtained by plaintiff, and that the judges of said race never-made any decision as to who had won the race.” Verdict and judgment for the plaintiff. Motion for new trial on the ground— 1st. Of newly-discovered evidence, to wit: “that the defendant had' learned since the trial that the decision of the race having been left to four-judges, they never…
1Opinion of the CourtWheblbR, J.
It is not stated nor does it appear that, by the use of ordinary diligence, the new evidence might not have been known to the party before the trial. Besides, there is no statement of facts; and we are not .informed what evidence was given on the trial. We have no means of knowing-whether the new evidence be not merely cumulative, or of judging of what might have been its effect upon a second trial.
The witness, who is said to have been intoxicated, was called by the defendant, and permitted to testify; and after having taken the chance of a verdict, upon his testimony, under the…
2Cited by3 opinions
- Keef v. StateTexas Supreme Court · 1876
- Brooks v. StateCourt of Appeals of Texas · 1877
- Trevinio v. StateCourt of Appeals of Texas · 1877