Haber v. Lane

Citations

• 45 Miss. 608

Syllabus

<p>1. Circuit court—stew trial—surprise — practice. —To entitle a party to a new trial on the ground of surprise, the showing made must discover merits, and the surprise must be such as care and prudence could not provide against.</p> <p>2. Same — same — same—same.—Although a defendant offer a sufficient reason why he did not attend and testify on the trial, yet if his presence, and that of his absent witnesses, would not h^ve produced a different result, a new ■ trial wiU not be granted.</p> <p>3. Same — same — same—same.—In applications to displace verdicts regularly rendered, the applicant must make it manifest that injustice has been done. A full and complete defense must be set up, so as to convince the court that upon another trial a different result would be reached. ‘</p>