49 Wis. 623 | Wis. | 1880
There are two sufficient grounds for the reversal of the order setting aside the judgment and granting a new trial in this case:
Secondly. The affidavits show that on the original trial in the state of Minnesota, which resulted in the judgment herein sued upon, one Louis Schlessinger was a witness, and committed perjury in testifying upon a vital and material question in the cause, and that now, upon a new trial in this action, he will testify to the truth and in favor of the defendants upon such question. This is all the newly discovered evidence claimed upon which a new trial was ashed, and it hardly amounts to newly discovered evidence, but is more properly newly discovered perjury. The evidence of this witness on another trial, in contradiction of his evidence on the same point on the original trial, would be entirely unreliable and not entitled to any weight without corroboration by some credible evidence also newly discovered, and would not, of itself alone, amount to newly discovered testimony. He admits in his affidavit having committed, on the original trial upon such point, willful and corrupt perjury. In such case, the maxim, falsus in uno falsus in omnibus, has application, and on another trial his testimony on such point may be utterly disregarded. Starkie on Evidence, 820, note 1; Callanan v.
By the Court. — -The order of the circuit court is reversed, with costs.