
    PHEBE A. H. DARBEE, Respondent, v. ALEXANDER ELWOOD and others, Appellants.
    
      Newly discovered evidence—who trial—when granted on account of.
    
    In this case a motion for a new trial, on the ground of newly discovered evidence, was denied, for the reason that the evidence, so discovered, did not fulfill the ' requirements of the rule applicable in such cases, viz.: that it should be so decisive in character, as that, to a reasonable certainty, it would be productive on another trial of an opposite result.
    
    Appeal from an order denying a motion for a new trial on the ground of newly discovered evidence.
    
      Wm. Youmans, Jr., for the appellants.
    
      Wm. Gleason, for the respondent.
    
      
       Hilliard on New Trials, 491 (2d ed.); Powell v. Jones, 42 Barb., 24; U. S. v. Cornell, 2 Mason, 91; Bronson v. Hickman, 10 Ind., 3; Simpson v. Wilson, 6 id., 474; Hull v. Kirkpatrick, 4 id., 638; Burr v. Palmer, 23 Vt., 244; Snowman v. Wardwell, 32 Me., 275.
    
   Opinion per Curiam.

Present—Miller, P. J., Bockes and Boardman, JJ.

Order affirmed, with costs.  