Sams v. Hoover

Citations

• 33 S.C. 401
• 12 S.E. 8
• 1890 S.C. LEXIS 158

Syllabus

<p>1. Pending an appeal in the Circuit Court from the judgment of a trial justice, the Circuit Court has no authority to order a new trial on the ground of newly-discovered evidence. Such a motion could be granted only by the trial justice when moved before him within the time prescribed by statute for motions for new trial.</p> <p>2. To entitle a party to a new trial on the ground of after-discovered evidence, he must make at least three facts appear to the satisfaction of the court: 1st. That it was discovered after the former trial. 2nd. That it could not, by the use of due diligence, have been discovered at or before the former trial. 3rd. That it is material. Neither of these three facts is shown in this case.</p> <p>3.- From a finding by the Circuit Judge that sufficient facts are not shown to warrant the granting of such a motion, no appeal lies.</p>