Peterson v. Faust
Supreme Court of Minnesota
Action for damages for assault. At the trial in the district court, for Chisago county, before Crosby, J., the plaintiff had a verdict. A motion for a new trial, on the ground, among others, of newly-discovered evidence, was denied, and judgment entered for plaintiff, and the defendant appealed. cited Humphrey v. Havens, 9 Minn. 301, (318;) Sargent v. -, 5 Cow. 106; Platt v. Munroe, 34-Barb. 291; Oakley v. Sears, 1 Abb. Pr. (N. S.) 368; Knox y.
Read the full summary
Action for damages for assault. At the trial in the district court, for Chisago county, before Crosby, J., the plaintiff had a verdict. A motion for a new trial, on the ground, among others, of newly-discovered evidence, was denied, and judgment entered for plaintiff, and the defendant appealed. cited Humphrey v. Havens, 9 Minn. 301, (318;) Sargent v. -, 5 Cow. 106; Platt v. Munroe, 34-Barb. 291; Oakley v. Sears, 1 Abb. Pr. (N. S.) 368; Knox y. Bige-low, 15 Wis. 415; Mitchell v. Bass, 26 Tex. 372.
1Opinion of the CourtVanderburgh, J.
The only question for the consideration of the court on this appeal is whether the trial court erred in refusing defendant’s application for a new trial upon the ground of newly-discovered evidence. All other points were waived upon the argument. The affidavit of the witness containing'a statement of such evidence was fully met and answered by the counter-affidavits in plaintiff’s behalf on the motion. Such .counter-affidavits were properly received. Finch v. Green, 16 Minn. 315, (355.) Upon this record we are unable to see that there is any reasonable probability that the result would be…
2Cases cited3 opinions
- Derby v. GallupSupreme Court of Minnesota · 1860
- Lampsen v. BranderSupreme Court of Minnesota · 1881
- State v. FroisethSupreme Court of Minnesota · 1871
3Cited by8 opinions
- Tierney v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
- Jones v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1889
- Eldridge v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Cirkel v. CroswellSupreme Court of Minnesota · 1887
- Northwestern Detective Agency, Inc. v. Winona Hotel Co.Supreme Court of Minnesota · 1920
3 more not listed; retrieve them via the Exa API.