Harrington v. Bigelow
New York Supreme Court
Slander, tried at the Schoharie circuit in May, 1844, before Parker, C. Judge. The defendant had a verdict which the plaintiff moves to set aside on a case; and also upon affidavits of newly discovered evidence, all of which tends to impeach or contradict witnesses of the defendant who were sworn on the trial, and none of which is material for any other purpose.
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Slander, tried at the Schoharie circuit in May, 1844, before Parker, C. Judge. The defendant had a verdict which the plaintiff moves to set aside on a case; and also upon affidavits of newly discovered evidence, all of which tends to impeach or contradict witnesses of the defendant who were sworn on the trial, and none of which is material for any other purpose. As the points arising upon the case do not present any important question, that portion of the opinion is not reported.
1Opinion of the Court
By the Court, Beardsley, J.
A new trial is never granted to let in evidence, although newly discovered, to impeach the testimony of a witness, cither by showing that his reputation for truth is bad, or that the evidence given by him was not true. Testimony of this description is not material within the rule which governs in such cases; it must relate to some new fact upon which evidence was not given on the trial already had, and must be so important in its nature as to induce a belief that if proved to the satisfaction of a jury it would control their verdict. (Grah. on New Trials, 463, 496.)…
2Cases cited1 opinion
- Shumway v. FowlerNew York Supreme Court · 1809
3Cited by14 opinions
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- Scranton v. TilleyTexas Supreme Court · 1856
- Darrance v. PrestonSupreme Court of Iowa · 1865
- Peck v. SmallSupreme Court of Minnesota · 1886
- Carpenter v. CoeNew York Supreme Court · 1873
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