
    Eliza W. White et al., Respondents, v. Edward M. Benjamin et al., Appellants.
    (New York Superior Court — General Term,
    December, 1895.)
    New trial — Newly-discovered evidence.
    To warrant a new trial on the ground of "newly-discovered evidence, it must be shown that such evidence is material; that it has been discovered since the trial; that it could not by the exercise of reasonable diligence have been sooner, discovered, and that it is so decisive in. character as to make it reasonably certain that it would change the result on another trial.
    Appeal by defendants - from order denying motion -for hew trial made on the ground of newly-discovered evidence..
    
      Smith & Dougherty and L. S. Tenney, for appellants.
    
      Whitlock & Simonds (W. C. Beecher, of. counsel), for respondent.
   Per Curiam.

To warrant a new trial in this case the-practice requires not only that the newly-discovered evidence he material, and that it has been discovered since the trial, 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, certainty 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 be affirmed, with-costs.

Present: Freedman, Mo Adam and Gildersleeve, JJ.

Order affirmed, with costs.  