Burr v. Palmer

This is a petition for a new trial, on the ground of surprise at the trial and newly discovered evidence. The petitionees have put into the case a large amount of counter evidence, in the form of ex parte affidavits. This testimony was objected to at the time it was offered, and is said, in argument, to be a loose and indecisive and unsatisfactory mode of encountering a case once made out upon a petition for a new trial. The court, I think, fully concur in all that has been said, or that can be said, against the propriety of receiving such evidence. But although it has been repeatedly said by…