Home/New York Supreme Court/Shumway v. Fowler

Shumway v. Fowler

4 Johns. 425
CourtNew York Supreme Court
DecidedAugust 15, 1809
StatusPublished
Cited by22 cases

This text of 4 Johns. 425 (Shumway v. Fowler) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shumway v. Fowler, 4 Johns. 425 (N.Y. Super. Ct. 1809).

Opinion

Per Curiam.

A new trial is not to be granted, merely on the discovery of new evidence, which would impeach the character of a witness at the trial. There would be no end of new trials on that ground. (2 Salk. 653. 12. Mod. 584. Sayer, 27. 3 Johns. Rep. 255.) The newly discovered evidence is to impeach the character of the daughter, who was. a witness at the trial. There is another objection to the affidavit in this case. It states merely, that the persons mentioned had told the party what they coiild say. There can be no reliance on such [426]*426declarations; nor could the persons, at the trial, be obliged to answer whether they ever had such criminal connection with the daughter. The motion must be denied.

Rule refused.

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4 Johns. 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shumway-v-fowler-nysupct-1809.