Crooker v. Randall

Decided July 1, 1865

Supreme Judicial Court of Maine · decided 1865-07-01

ON Exceptions to ruling of Walton, J. Petition for Review, to which the respondent demurred. The presiding Judge sustained the demurrer, and the petitioner excepted. The original case was referred. The petitioner alleged that his counsel attended the term of Court at which the report of the referee was accepted, but, it not having been presented during the first two days of the term, he left. It was afterwards presented and accepted.

Decided 1865-07-01

Dickerson, J.

¶1The facts admitted by the demurrer *356would not authorize the rejection of the report of the referee; a fortiori, the Court will not grant a review. The "mistake” alleged was the fault of the petitioner’s counsel,- which the Court will not cure.

¶2It does not appear that the newly discovered evidence is admissible, or that it is not cumulative; nor is the Court furnished with the whole evidence before the referee, to enable it to determine whéther the evidence is cumulative.

¶3Exceptions overruled.

Appleton, C. J., Cutting, Walton and Danforth, JJ., concurred.