Durant v. Philpot

Citations

• 16 S.C. 116
• 1881 S.C. LEXIS 139

Syllabus

<p>1. After judgment rendered in an equity cause by a Circuit judge, another Circuit judge may grant a new trial on the ground of after-discovered evidence, where such evidence would probably tend to induce a conclusion different from that reached at the former hearing.</p> <p>2. A determination by the Circuit judge that defendant is not chargeable with insufficient diligence in discovering the new evidence in time for the former trial, is a finding of fact, which was sustained in this case on appeal.</p> <p>3. The evidence in this case, even if cumulative, being in writing, and directly applicable to the very point upon which the former decision turned, furnished proper ground for a new trial.</p> <p>4. In this State there is no rule that prevents the granting of a new trial on after-discovered evidence, the effect of which would be to impeach or contradict a witness examined at the former hearing.</p> <p>5. A motion for new trial in an equity cause, made after decree filed and without the certificate of two counsel, or leave of the court, could not be sustained as a petition for rehearing, or as a bill of review; but such motion may be properly granted under the provisions of Chap. CY., 2, of the General Statutes.</p>