Includes Atlantic Reporter references for cases reported in each state within the Atlantic region.

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. 1907 edition. Excerpt: ... evidence which she gave, but their testimony, in view of all the proofs, was deemed unworthy of belief, and hers to have accorded with the trend of that given by the other witnesses. It is not newly-discovered evidenceintroducing a new point which has come to light since the trial, but only-new witnesses who attempt to discredit Miss Schindle. The position di.sclo.: ed on the hearing of the cause directly prompted the impeachment of Miss Schindle's testimony by the defendant, if that were possible. The issue of her veracity was directly before the court. A rehearing ought not to be granted to enable the defendant to impeach her credit. 2 Dan. Ch. Pr. '"1120 note b. The rule on application for a rehearing before a vice-chancellor is governed by the principles which are recognized in the law courts in cases of motions for new trials after thc verdict of a jury. Warner v. Warner, 31 N. J. Eq. (4 Stew.) 549; Burrows v. Wene, 26 Atl. Rep. 890. Those courts declare it to be settled that ', 'a new trial will not be granted upon the new discovery of witnesses who will swear against the credit of those sworn upon the trial." Price v. Ward, '7 N. J. Law (2 Halst.) 127; Den v. Geiger, 9 N. J. Law (4 Halst.) 21,0. The court of errors and appeals has declared that, in order to justify a rehearing because of newly-discovered evidence, it must be shown that the new matter offered must be of such a character that if it had been heard on the trial it would probably have altered the judgment. Watkinson v. Watk-inson, 68 N. J. Eq. 6-32; Richardson v. Hatch, 68 N. J. Eq. 788. The affidavits supporting the petition for a rehearing setting forth the alleged admissions of the husband are in no way forceful to show even a...

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