Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 100

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 100

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...term institute an independent proceeding. It is not sufficient to allege that the evidence was not discovered until after the trial; it must be averred that it was not discovered during the term. Hiatt v. Ballinger, 59 Ind. 303. " In a complaint for a new trial," said. the court in a recent case, " after the term at which the judg-ment was rendered, it must be shown that the' new evidence, by the use of due diligence, could not have been found in time for the trial, nor before the close of the term." Ragsdale v. lllatthews, 93 Ind. 589. ' The complaint is insuffioient for the further reason that it does not state the facts constituting diligence. It is evident from what we have said upon the general subject of new trials on the ground of newly discovered evidence, that the courts are very strict in requiring a full statement of the facts constituting diligence. In one of the earliest decisionsof this court, it was said by one of the first judges of the State: "In listening to such applications, courts of justice have always been extremely cautious, and have uniformly overruled them, where, upon using due diligence, the evidencemight have been discovered before." Coe v. Givan, 1 Blackf. 366. A text-book of excellent standing contains this statement of the rule; " The strong presumption is, that by proper effort, the party might have discovered the evidence and used it on the trial; and that his not having done so, is owing' either to intentional omission, or to unpardonable neglect. To rebut this presumption, he must make out a case free from delinquency. His excuse must be so broad as to. dissipate all. surmise to the contrary." 3 Graham & Waterman New Trials, 1026. more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236758854
  • 9781236758859