96 Minn. 274 | Minn. | 1905
Appellant and her brother were indicted for a criminal offense, and respondent was employed by appellant to defend her. A considerable sum of money having been paid into the hands of the attorney during the preparation and trial of the action, this suit was brought for the purpose of recovering from respondent the money which she claimed to have put into his hands for safe-keeping and which he refused to pay over. Respondent claimed that all the money he received from appellant had been used to pay fees and costs and disbursements incurred in the conduct of her defense, and that the other money in controversy was paid by appellant’s brother for the purpose of conducting his defense.
Upon the trial the question turned largely upon whether or not a certificate of deposit of one thousand dollars had been sent to respondent directly bj
It is the general rule that a new trial will not be granted upon this ground, when the new evidence is merely cumulative, contradictory, or impeaching. Peck v. Small, 35 Minn. 465, 29 N. W. 69; Layman v. Minneapolis St. Ry. Co., 66 Minn. 452, 69 N. W. 329. But there
Order affirmed.