Slattery v. Supreme Tent of the Knights of the Maccabees of the World

Citations

• 19 Pa. Super. 108
• 1902 Pa. Super. LEXIS 39

Syllabus

<p>Appeals — Practice, G. P. — New trial — Discretion.</p> <p>The cases in which the appellate court will reverse for failure to grant a new trial are rare, and are only those in which there has been clear abuse of discretion by the court below.</p> <p>The discretion of the court below in refusing to grant a new trial because of after-discovered evidence will not be reviewed by the appellate court, where it appears that the existence of the witness whose testimony is sought to be used, was known to the defendant before the trial, that if the course which was taken in locating the witness after the trial had been adopted previously to the trial he might have been found in time, that some of the facts to which he would testify were in effect only cumulative of the testimony of two other witnesses examined at the trial, and that the other facts merely related to locality and were within the easy reach of the defendant by any witness who might have qualified himself by an' examination of the locality.</p>