Public-domain · open source
OpenJurist

2 Cow. 529

Callen v. Kearny

New York Supreme Court

Decided February 15, 1824

New York Supreme Court · decided 1824-02-15

A feiv/ict having been rendered for the plaintiff, a motion was now made for a new trial upon the ground of newly discovered evidence ; and the affidavits of several witnesses were produced tending to impeach the plaintiff’s claim, which witnesses the defendant swore he knew nothing of till after the trial.

Decided 1824-02-15

Curia.

¶1It is contrary to the uniform practice, to receive counter affidavits in support of a motion. This has never been done even in support of character ; and if their admissibility were matter of discretion, we think it would be an abuse of that discretion to hear them

¶2Motion denied.

/2/cow/529 · .json · Public domain