179 Iowa 1187 | Iowa | 1917
The basic facts, and the only facts, upon which plaintiff predicates his right are: First, that one W. H. Barns-by, a witness for the plaintiff in that cause, gave false testimony on a very material point in the case, — to wit, testified that the calf in controversy could not have been sired by a certain Bed Poll bull and dammed by a certain graded
Plaintiff says that he could not and did not acquire knowledge of this false testimony and deceit prior to the entering of judgment; that he has recently found, and is now able to show, that said testimony was false. Upon this he bases his right to a new trial. Defendant demurred to the petition on the ground that the facts stated do not entitle the plaintiff to the relief demanded. This demurrer was sustained, and plaintiff’s petition dismissed. From this, plaintiff appeals.
The only question presehted is whether or not those facts, conceding them to be true, entitle the plaintiff to a new trial. The question here submitted is not new. It was before the Court of King’s Bench in England as far back as 1815 — perhaps further back. We find the case of Warwick v. Bruce, the opinion written by Lord Ellenborough, Chief Justice, i Maúle & Selwyn 110. In that case, a new trial was asked on the ground of perjury committed by witnesses adverse to the complainant. In that case, two of the plaintiff’s witness.es had been indicted for perjury committed upon the trial. The defeated party asked for a rule restraining the enforcement of the judgment until the criminal cases were disposed of, and supported his claim by his own affidavit. A rule was granted by the court, and
“It would be highly dangerous to allow this rule to be made absolute. For this would be a receipt to every person after verdict and judgment against him, how to delay the fruit of such judgment by indicting some of the plaintiff’s witnesses for perjury. And should this rule be made absolute it Avould perhaps prevent the plaintiff from being a witness at the trial of the persons indicted. And because this seemed to be a new and dangerous experiment, the court directed the rule to be discharged Avith costs.”
It is apparent to anyone who is familiar Avith the procedure in the trial of contest causes that truth lies some-AA'here hidden in the controA’ersy. The purpose of the trial is to search for and ascertain the truth. Evidence is the means by which the truth is brought to the knoAvledge of the triers. It is the duty of the parties to present the truth. It is their duty to ascertain and determine Avhat the truth is before the trial begins, and to present, on the trial, the full truth and expose all that is false. It is apparent that, when tAvo witnesses testify to the existence of diametrically opposed facts, one or the óther has testified falsely. A thing cannot be and not be at the same time. . It is the duty of the trier to separate the chaff from the Avheat, the dross from the gold, the truth from the falsehood, and get at the very right of the matter. It is the duty of the jury to separate the false from the true and rest their A'erdict upon the truth. It is the duty o’f the parties to the suit, when they enter upon the trial, to see to it that the falsehood is exposed and the truth is laid bare to the observation of the jury. Where the record shows a mingling of the false and the true, the presumption is that the verdict rests upon the truth as exposed in the record. No one can then complain of the result, unless, by fraud, falsehood or deception, or some extrinsic means, he is prevented from fully pres
We think the court was right in sustaining the demurrer. In support of this ruling, see Graves v. Graves, 132 Iowa 199, and cases therein cited; Peterson v. Blanton, 76 Ala. 264. The judgment of the court is, therefore, — Affirmed.