Supreme Court of New Hampshire June 30, 1903 (Ela v. Ela)

lead-opinion

"A new trial may be granted in any case, when through accident, mistake, or misfortune justice has not been done and a further hearing would be equitable." P. S., c. 230, s. 1. "The question whether a new trial should be granted on the ground that by reason of newly discovered evidence a further hearing would be equitable, is a question of fact to be decided at the trial term.