Public-domain · open source
OpenJurist

15 Misc. 26

White v. Benjamin

The Superior Court of New York City

Decided December 15, 1895

The Superior Court of New York City · decided 1895-12-15

<p>New trial — Newly-discovered evidence.</p> <p>To warrant a new trial on the ground of "newly-discovered evidence, it must be shown that such evidence is material; that it has been discovered since the trial; that it could not by the exercise of reasonable diligence have been sooner, discovered, and that it is so decisive in. character as to make it reasonably certain that it would change the result on another trial.</p>

Cited by 1 later decisions — most recently February 1947

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1895-12-15

View the full empirical analysis of this case →

Per Curiam.

¶1To warrant a new trial in this case the-practice requires not only that the newly-discovered evidence he material, and that it has been discovered since the trial, but that the evidence'could not by the exercise of reasonable-diligence have been sooner discovered, and' that it is so decisive in character as to make it appear with reasonable, certainty that on another trial it would change the result.

¶2The defendants did not present a case bringing them within the rule stated, and -no error was committed by the court, below in denying their motion.

¶3The order appealed from must be affirmed, with-costs.

¶4Present: Freedman, Mo Adam and Gildersleeve, JJ.

¶5Order affirmed, with costs.

/15/misc/26 · .json · Public domain