...the case, as well as the amount of the ¡lainages. Hutchinson v. Peck. 5 Johns. Rep. 196. 122 A new trial will not be granted, on the ground of newly discovered evidence which goes only to impeach the credit of a witness sworn at the trial, especially, when the •witness...

...other, a new trial will be granted. M'Lanahan v. The Universal Insurance Company, 1 Pet. 170. 2. A new trial will not be granted on the ground of newly discovered evidence which is merely cumulative in relation to facts testified at the trial. Gardner v. Mitchell, 6 Pick....

...or contemptible in amount."(3) In Vermont, in Bullock v. Beach,(i) the court adopts these positions, that a new trial will not be granted on the ground of new discovered evidence, if such evidence be merely cumulative ; neither will a new trial be granted,...

...contradictory and does not greatly preponderate on the side against which the verdict was given. A new trial will not be granted on the ground of newly discovered evidence, if it appear that the evidence might, with reasonable attention and diligence, have been procured before...

...contract, by witnesses, which would make it appear different from the written contract itself. A new trial will not be granted on the ground of newly discovered evidence, when all the facts which arc expected to be proved on the second trial, must have been within the knowledge...

...of letting in the evidence of such witness. Jar/i.ion, ex dem. Malin, v. Malin, 15 JR 293. 41. A new trial will not be granted, on the ground of newly discovered evidence, if it appear that the evidence might, with reasonalile diligence, have been procured l>efore the first...

...competency. (3) At all events, it is clear that the objection should be made during the trial, and that a new trial will not be granted, on the ground of the objection to the competency of a witness being discovered after the trial was concluded. (4) (1)...

...and, as such, excluded from his succession. Judgment affirmed. EUGENE BONNET v. AMELIA LEGRAS. A new trial will not be granted on the ground of newly discovered evidence, where the court is not satisfied that the party could not, with proper diligence, have discovered and...

...testimony might have been obtained by the state and read upon the hearing of the motion. It is a rule that a new trial will not be granted on the ground of newly discovered evidence, unless the application therefor is accompanied by the affidavit of the persons by whom it is alleged the new facts...

...this court White v. Prigmore, 450 5. When not granted on account of newly discovered evidence. A new trial will not be granted on the ground of newly discovered evidence, when the newly discovered evidence relates solely to the impeachment of a witness. Wallace v. The State,...