Alger v. Merritt
Supreme Court of Iowa
Appeal from Clinton District Court. There was a trial and verdict for defendant. A petition for a new trial was filed, and on the hearing thereof the Court found: “1st: The plaintiff was surprised by the evidence of defendant on the main trial, and that ordinary prudence could not have guarded against such surprise. “ 2d.
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Appeal from Clinton District Court. There was a trial and verdict for defendant. A petition for a new trial was filed, and on the hearing thereof the Court found: “1st: The plaintiff was surprised by the evidence of defendant on the main trial, and that ordinary prudence could not have guarded against such surprise. “ 2d. That evidence, material for the plaintiff, was discovered immediately after the trial, but not in time to enable this application to be made at tbe term, at which the trial took place; and that plaintiff could not, with reasonable diligence, have discovered and produced such…
1Opinion of the CourtWeight, C. J.
The statute declares that, where the grounds for a new trial could not, with reasonable diligence, have been discovered before, but are discovered after the term at which the verdict, report of referee, or decision,,, was rendered or made, the application may be made by petition filed, as in other cases, not later than the second term after the discovery; on which notice shall be served and returned as an original notice; and the defendant held to appeal’, as in an original action. The facts stated in the petition shall be considered as denied, without answer. The case shall be tried as other…
2Cases cited8 opinions
- People v. Superior CourtNew York Supreme Court · 1833
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
- Guyot v. ButtsNew York Supreme Court · 1830
- Manix v. MalonySupreme Court of Iowa · 1858
- Barker v. FrenchSupreme Court of Vermont · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Harris v. MillerCalifornia Supreme Court · 1925
- Guth v. BellSupreme Court of Iowa · 1911
- Ross v. RossSupreme Court of Iowa · 1908
- Storbeck v. FridleySupreme Court of Iowa · 1949
- Preston v. OteySupreme Court of Virginia · 1891
27 more not listed; retrieve them via the Exa API.