Nordman v. Stough

This was a complaint for a new trial, to which a demurrer was sustained by the circuit court, and which ruling is here alleged to be erroneous.

The ground on which the new trial was asked is, that one Rudisill was a material witness for the plaintiff in the former cause ; that he had left the county before the trial; that the plaintiff was unable to learn of his whereabouts until after the cause was tried.

The following is the only allegation of diligence in the complaint:

“ That he used due diligence to ascertain before trial the whereabouts of said Rudisill.”

There is no case, that we are aware…