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Hazard versus Thomas C. Durant legal draft report, Providence, R.I., September, 1880
Page 22
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been presented to the Court and acting upon this statement of the Court's ruling I then entertained the motion and after full hearing overruled it. Mr. Durant requests me to state the grounds for the ruling -- They were in brief: -- First -- Hain's last affidavit of December 2d fully answering and explaining his previous one of October 5th the motion rested entirely on the affidavits of Mr. Durant and his witness Crane; neither of which I thought in the light of the evidence already in the case showed sufficient reasons for sustaining the motion -- Secondly But had this been otherwise I did not think that Mr. Durant's affidavit showed such diligence on his part or such explanation or reasons why the alleged new evidence had not been discovered and introduced before as to lay sufficient grounds for the motion at this stage of the cause or to justify me in further withholding my report. Respectfully Submitted James Tillinghast Master
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been presented to the Court and acting upon this statement of the Court's ruling I then entertained the motion and after full hearing overruled it. Mr. Durant requests me to state the grounds for the ruling -- They were in brief: -- First -- Hain's last affidavit of December 2d fully answering and explaining his previous one of October 5th the motion rested entirely on the affidavits of Mr. Durant and his witness Crane; neither of which I thought in the light of the evidence already in the case showed sufficient reasons for sustaining the motion -- Secondly But had this been otherwise I did not think that Mr. Durant's affidavit showed such diligence on his part or such explanation or reasons why the alleged new evidence had not been discovered and introduced before as to lay sufficient grounds for the motion at this stage of the cause or to justify me in further withholding my report. Respectfully Submitted James Tillinghast Master
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