Bruce v. Truett

Citations

• 5 Scam. 453

Syllabus

<p>Error to Jo Daviess.</p> <p>1. New trial — newly discovered evidence. Upon a motion for a new trial, because the verdict is against evidence, or on account of newly discovered evidence, or the recent ability to procure that which was previously known to exist, it has been repeatedly decided, that a statement of all the testimony given on the former trial is in general indispensable, in order to inform the court of the merits of the application.</p> <p>2. Same- — not for cumulative testimony. A court will rarely grant a new trial for the purpose of letting in cumulative testimony, (a) </p> <p>3. Same — affidavit, subject to scrutiny. An affidavit made upon a motion for a new trial is not of that class which the court is under a legal obligation to treat as true, although it may bear upon its face the impress of falsehood; but it is subject to the scrutiny of its judgment and reason.</p> <p>4. Same — same, sufficiency. Semble, That an affidavit may be sufficient for the purpose of continuing a cause, and at the same time insufficient to obtain a new trial.</p>