Elvin v. Blubaugh

Citations

• 89 Kan. 726
• 132 P. 994
• 1913 Kan. LEXIS 109

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. New Trial — Granted Because of Newly Discovered Impeaching Evidence. As a general rule a new trial will not* be granted in order that newly discovered evidence of an impeaching character may be produced, but there are exceptions to the rule, and where the newly discovered evidence, although contradictory to that offered on the trial, satisfies the court that a material issue was wrongly decided it may, in order to meet the ends of justice, grant a new trial.</p> <p>2. - Same. Where a trial court, in the exercise of its discretion, grants a new trial an appellate court is reluctant to interfere with the order, and if granted upon the ground of newly discovered evidence such evidence is liberally interpreted with the view of sustaining the ruling.</p>