Coy v. Martin

The defendants move for a new trial upon newly-discovered evidence after the verdict of a jury against them, and an affirmance of the judgment by the Appellate Division. In such a case the moving papers must present strong reasons, or the motion will be denied. After a fair trial, and an affirmance upon appeal, litigation should cease unless it is discovered that very important *212testimony may be had upon a new tidal, which was not with proper diligence discoverable by the defeated party before the trial took place.' A successful litigant has enough burden to sustain, both of vexation and…