New York Supreme Court November 15, 1870 (Blydenburg v. Johnson)

Pratt, J.

This is a motion for a new trial, on the ground of newly discovered evidence. I am satisfied, from the papers submitted, that the evidence upon which a new trial is sought is not cumulative, and that under all the circumstances the plaintiff is not guilty of laches in making the motion.

It is also clear that this is a non-enumerated motion, and is properly before the court.