Bell v. Gardner

Citations

• 77 Ill. 319

Syllabus

<p>1. Chancery-—new trial at law, on ground of surprise. Where a plaintiff in an action at law is fully apprised of the defense, it matters not that he is surprised by the diameter of the testimony, on an application to a court of equity to grant a new trial. If surprised, he should submit to a non-suit, and not experiment with the chances of a favorable verdict.</p> <p>2. Same—new trigl on newly discovered evidence.- A court of equity will not grant a new trial in an action at law, to enable a party to produce testimony merely cumulative in its character.</p> <p>3. Same—new trial for unusual haste of court. If the court, on the trial of a cause at law, commits an error in unusually hastening the trial, the remedy at law is complete by appeal' or writ of error, and therefore no ground exists for a court of equity to grant a new trial.</p>