[DOWNLOAD] "Matthis v. Campbell" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matthis v. Campbell
- Author : Supreme Court of Montana
- Release Date : January 16, 1929
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
New Trial — Alleged Newly Discovered Evidence Held Cumulative merely and Order Granting New Trial Reversed. New Trial — Newly Discovered Evidence must not be Cumulative merely. 1. One of the six rules governing applications for new trial on the ground of alleged newly discovered evidence is that such evidence is not cumulative merely — i.e., that it does not speak as to facts in relation to which there was evidence introduced at the trial. Same — Case at Bar — Alleged Newly Discovered Evidence Held Cumulative merely — Order Granting New Trial Reversed. 2. Under the above rule, held in actions to foreclose materialmens liens on a dwelling house in which defendant contended that there was no privity of contract between himself or an agent of his and the plaintiff materialmen, but judgment went for the lienors, that the trial court committed error in granting defendant a new trial asked for on the ground of newly discovered evidence, because the affidavits filed in support of the motion presented only cumulative evidence and were therefore insufficient to move the courts discretion.
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