Suken v. Metcalfe

This is a motion made by the defendant for an order setting aside a judgment heretofore rendered in favor of the plaintiff against the defendant and for a new trial herein upon the ground that upon the former trial of this action the plaintiff’s assignor testified falsely upon a material issue raised by the defendant’s answer and that the defendant was taken by surprise by said testimony. It appears further from the facts herein that the defendant also moves for a new trial on the ground of newly-discovered evidence and on the further ground that the defendant was surprised by the testimony…