Simpson v. Wilson

After a verdict for the plaintiff in this cause, the defendant moved for a new trial, on the ground of newly discovered evidence, upon the affidavit of himself and of the witnesses by whom he expected to make the additional proof. The Court overruled the motion *475and gave judgment for the plaintiff. The bill of exceptions does not contain the evidence given on the trial.

W. Grose, for the appellant. E. Johnson, for the appellee.

It is incumbent on the party asking a new trial on account of newly discovered evidence, to show, 1. That it has come to his knowledge since the trial; 2. That it was not…