Twin Springs Placer Co. v. Upper Boise Hydraulic Mining Co.

Citations

• 6 Idaho 687
• 59 P. 535
• 1899 Ida. LEXIS 61

Syllabus

<p>New Tb.tat/ — Cumulative Evidence. — When newly discovered evidence tends to establish a new or independent fact not testified to at the trial, although its effect be to establish a position sought to be established at such trial, such newly discovered evidence is not cumulative within the meaning of the rule prohibiting the granting of a new trial upon newly discovered cumulative evidence.</p> <p>Same — Judicial Discretion. — The granting 6i a new trial is a matter largely within the discretion of the trial court, and an order granting a new trial will not be reversed unless there has been a clear abuse of such discretion in granting it.</p> <p>(Syllabus by the court.)</p>