Manzigian v. Boyajian
| Citation | 183 Mass. 125,66 N.E. 413 |
| Parties | MANZIGIAN v. BOYAJIAN. NAJARIAN v. SAME. |
| Decision Date | 04 March 1903 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from superior court, Bristol county; Chas. A. De Courcey, Judge.
Actions by Manzigian and Najarian against Boyajian. Judgment for defendant in each action, and plaintiffs except. Exceptions overruled.Harry S. Williams, for plaintiffs.
C. F. Sanford and Barney & Lee, for defendant.
These exceptions were taken at a hearing on a motion to set aside verdicts on the ground of newly discovered evidence. The judge found that the newly discovered evidence, so far as material, was merely cumulative. We have nothing in the record that would enable us to revise this finding, if it were proper to attempt to do so. He also held that the motion should be denied as a matter of discretion, even if the evidence were material, and not cumulative. It is plain that no exception lies to such an exercise of discretion. It cannot be held that a judge is bound as a matter of law to grant a new trial whenever evidence is newly discovered that would justify a jury in reaching a different result if the evidence were presented to them.
Exceptions overruled.
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Commonwealth v. Sharpe (In re Sharpe)
...at the trial the result of the trial would have been different, the judge is not required to grant the motion. Manzigian v. Boyajian, 183 Mass. 125, 66 N.E. 413;Powers v. Bergman, 210 Mass. 346, 96 N.E. 674;Sherman v. Collingwood, 221 Mass. 8, 108 N.E. 508;Berggren v. Mutual Life Ins. Co. 2......
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Petition of Sharpe
... ... of the trial would have been different, the judge is not ... required to grant the motion. Manzigian v. Boyajian, ... 183 Mass. 125 ... Powers v. Bergman, 210 Mass. 346 ... Sherman v. Collingwood, 221 Mass. 8 ... Berggren ... v. Mutual Life Ins. Co ... ...
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Henry L. Sawyer Co. v. Boyajian
...A motion for a new trial on newly discovered evidence is addressed to the sound judicial discretion of the trial judge. Manzigian v. Boyajian, 183 Mass. 125, 66 N.E. 413;Miller v. Flash Chemical Co., 230 Mass. 419, 423, 119 N.E. 702;Davis v. Boston Elevated Railway, 235 Mass. 482, 496, 126 ......
- Manzigian v. Boyajian