Fuller v. Little

Citations

• 69 Ill. 229

Syllabus

<p>1. Chancery—granting new trial in suit at law. A court of equity will not grant relief against a judgment at law, on grounds that might have been available on a motion for a new trial, nor on the ground of newly discovered evidence, unless it appears that all reasonable means and efforts had been exhausted to discover it before the trial, and that the evidence is of a material character; and the existence of the newly discovered evidence must be shown by the affidavits of the witnesses. The unsupported oath of the complainant is not sufficient, when denied.</p> <p>2. Same—new trial on ground of surprise. One of the grounds relied on for relief against a judgment at law and for a new trial, was that of surprise in the testimony of the plaintiff, in testifying to the terms and duration of a contract. It appeared that lie testified to the contract as set forth in his declaration: Held, that the testimony could not afford a reasonable ground of surprise.</p> <p>3. Where it is urged as a ground for a court of equity to grant a new trial at law, that certain letters were introduced in evidence by the adverse party in corroboration of his testimony, which the complainant, since the trial, has discovered were not genuine, but fraudulently written by the other party to himself, after the commencement of the suit, but the bill does not give copies of any of the letters or their contents, except that they related to matters connected with the original contract: Held, that a new trial could not be granted on this ground, as the court could not see that the result, would have been different had the letters not been introduced in evidence.</p> <p>4. Same—relief against judgment—negligence innot preparing for trial. A court of equity will not open a judgment at law where the defendant was duly served and had reasonable time to prepare his defense, but neglected to do so. If, by the exercise of ordinary diligence, the defendant could have found the evidence relied on for a new t