...trial granted. DANIEL R. MITCHELL, plaintiff in error, vs. JOSEPH J. PRIMTUP, defendant in error. A new trial will not be granted on the ground of newly discovered evidence, merely to give the party an opportunity to impeach the eredit, much less to prove a mistake as to dates,...

...against the verdict, especially if the Judge who tried the caseis satisfied with the finding. [9.] A new trial will not be granted on the ground of newly discovered evidence, unless it be competent and material to the issue, and would probably produce u different result if...

...his being in the discretion of the judge. — Vermilyea v. Rogers, 4 Ui/f's R., p. S67. (1843.) A new trial will not be granted on the ground of newly discovered evidence, where such evidence is merely cumulative. — Pcrrin's jLdministra.l(irs v. Protection Ins. Co., 11...

...reversal of the judgment on this ground alone. Judgment reversed. THOMAS LEAVY v. EDWARD EGBERTS. A new trial will not be granted on the ground of newly discovered evidence, where the additional testimony disclosed might hare been discovered by the party in time for the trial...

...Dopman, ib. 342; Taylor v. Cal. Stage Co., 6 ib. 228 ; Live Yankee Co. v. Oregon Co., 7 ib. 40. 13. A new trial will not be granted on the ground of newly discovered evidence, which is alleged to be a deed, recorded in the county recorder's office a year before the trial, and...

...testimony at too late a period to produce the same at the trial. Berry v. Metzler, 7 Cal. 418. 396. A new trial will not be granted on the ground of newly discovered evidence, which is alleged to be a deed recorded in the county recorder's office a year before the trial, and...

...WOODRUFF and MONCRIEF, JJ, and the order was unanimously affirmed. BURNETT et al. v. PHALON et aL LA new trial will not be granted on the ground of newly discovered evidence, where such evidence is merely cumulative. 2. Where the trial has been had before the Court without...

...testimony, or to contradict the witnesses examined by the adverse party.[l] The conclusion at [1] A new trial will not be granted on the ground of newly discovered evidence, which is only material to impeach or contradict witnesses who were sworn at the trial. Harrington v....

...since the trial. Supreme Ct., 1810, Dnryee v. Dennison, 5 Johns., 248. 323. Cumulative evidence. A new trial will not be granted on the ground of newly discovered evidence which is merely cumulative. Supreme Ct., 1828, Whitbeck n. Whitbeck, 9 Cow., 266. K T. Superior Ct.,...

...to take possession of the entire property, deprive them of their rights under it. Per LOTT, J. A new trial will not be granted on the ground of newly discovered evidence, where the evidence would be cumulative in its nature ; or where a party has been guilty of laches in...