Majority
p. 912Eliza W. White et al., v. Edward M. Benjamin et al. N. Y. Supr. Ct., December 18, 1895.
Smith & Dougherty and L. S. Tenney, for app’lts; Whitlock <6 Simonds, (W. O. Beecher, of counsel), for respt’s.
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 dis
p. 913
covered since tlietrial, 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 certainity 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 he affirmed, with costs.