Collins v. Central Trust Co.

This is a motion for a new trial upon newly-discovered evidence. There are certain well-established rules that must be complied with on a motion of this land. One of these *466is that the evidence must have been discovered since the trial. If the party making the motion knew of the existence of the evidence at the time of the trial, it was his duty to present it. He cannot hold back the evidence, and then make a motion for a new trial on the ground of the discovery of such evidence, nor can he try his case upon one theory, and, having been defeated upon that theory, ask to have his complaint or…