Gaines v. White

Citations

• 1 S.D. 434
• 47 N.W. 524
• 1891 S.D. LEXIS 46

Syllabus

<p>1. The granting or refusing of a motion for a continuance of a cause rests in the sound discretion of the trial court, and its ruling will not be reversed, except for the most cogent reasons. The court below is apprised of all the circumstances of the case, and the previous proceedings therein, and is better able to decide upon the granting or refusing the application than an appellate tribunal. When the trial court exercises a reasonable, and not an arbitrary, discretion, its action will not be disturbed.</p> <p>2. Affidavits of jurors will not be received to impeach their verdicts, unless authorized by statute, and only then upon the grounds, and in the manner, permitted by the statute.</p> <p>3. An application to open a case on the ground that the party has been surprised, or has discovered new evidence, is usually addressed to the discretion of the trial court. Convenience, as well as analogy, would seem to require that it should be determined exclusively by the court of original jurisdiction. It is very much of the same character as a default or other laches suffered by mistake or surprise which may be relieved against in proper cases by the court in which the action is pending. Unless a very grave error has been committed, or gross abuse of discretion has been exercised, by the court below, the appellate court should not disturb its ruling.</p> <p>4. An application for a new trial on the ground of newly discovered evidence must show by affidavit (1) that the applicant has been vigilant in the preparation of his case for trial; (2) that new and material facts have been discovered since the trial,, which could not by reasonable diligence have been produced at the trial; and these facts should be explicitly stated in the affidavits.</p> <p>5. An application for a new trial on the ground of surprise should be granted with great caution; for in many cases it is used as a pretext and a cover for carelessness and inattention, rather than as a meritorious ground fo