US SUPREME COURT DECISIONS

The court below, of original jurisdiction in this case, had authority, upon newly discovered evidence, to grant to the railway company a new trial, after the final decision of this case at law in that court.

It was competent for Congress to confer upon such court, established under the authority of the United States, the power to grant a new trial in an action at law upon grounds discovered after the expiration of the term at which the verdict or decision was rendered.

The statute does not declare that the right to apply for a new trial upon newly discovered evidence after the term shall be any the less when the original term is superseded, nor that a new trial of an action at law shall not be applied for or granted while the case is pending in the appellate court.

The statute of Arkansas in question is applicable only to actions and proceedings at law in the courts of that territory, as distinguished from suits or proceedings in equity, and as application under that statute, within the time prescribed, for a new trial in an action at law, upon grounds discovered after the term at which the verdict or decision was rendered was a matter of right which did not require leave of any court. chanrobles.com-red

Page 182 U. S. 563