Edgmon v. Ashelby

Citations

• 76 Ill. 161

Syllabus

<p>1. New tbial—on finding as to facts. Where there is considerable contradictory and conflicting testimony upon the disputed questions of fact in a case, the parties themselves being the principal witnesses, and the verdict is not clearly against the preponderance of the evidence, and the jury have been properly instructed, this court seldom interferes, unless it appears that injustice has been done.</p> <p>2. Same—newly discovered evidence. Where the newly discovered evidence would not be conclusive if admitted, and the case was pending two years before trial, affording ample opportunity to obtain testimony, anew trial will not be granted on the ground of the discovery of such new testimony.</p> <p>3. Interest—due hill. A due bill reading, “Due A, on settlement, §96, April 16,1869,” and signed by the maker, bears six per cent interest from date.</p>