Zickefoose v. Kuykendall

Citations

• 12 W. Va. 23
• 1877 W. Va. LEXIS 2

Syllabus

<p>1. A new trial should not be awarded by a court of equity, because of after-discovered evidence, unless such evidence is not - only material, blit such as ought to produce an opposite verdict on the merits of the case, and unless it also appears that the new evidence is such, that reasonable diligence on the part of- the party asking the new trial could not have secured it on the former trial.</p> <p>2. Nor should such new trial be awarded, because since the trial it has been ascertained that one of the jurors was not a citizen and resident of the county a year before the trial; when neither party, when the juror was sworn, objected to his serving as a juror, and when it does not appear that the party applying for the new trial was in any manner injured by the juror serving on the jury; and when it further appears that such party had such knowledge of the juror before he was sworn, as made it grossly negligent in him to fail to inquire before he was sworn as a juror into his qualification as such.</p>