Wilder v. Greenlee

Citations

• 49 Ill. 253

Syllabus

<p>' New trial—nenly discovered evidence. Although a verdict returned in a case where the testimony was conflicting, will not usually be disturbed, merely because the appellate court inclines to a different view from that taken by the court below, yet, when it is shown on the motion for a new trial that there was newly discovered evidence, not cumulative in regard to the particular point to which it relates, and the importance of which could not have been foreseen, and such newly discovered evidence strengthens the conviction of the court that justice has not been done, a new trial will be granted.</p>