White v. Benjamin

36 N.Y.S. 1135

• Court: The Superior Court of the City of New York and Buffalo
• Decided: December 18, 1885
• Status: Published

Opinion

PER CURIAM.

To warrant a new trial in this case the practice requires not only that the newly-discovered evidence be 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. The 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. The order appealed from must be affirmed, with costs.