Malone Coal, Grain & Motor Co. v. Hale

This is an appeal from the action of the trial court in granting a new trial for the defendant upon the sole ground of newly discovered evidence. Among other prerequisites to a motion for a new trial for newly discovered evidence it should set forth the names of the witnesses who would testify to the facts alleged, and be'accompanied by the affidavits of said witnesses. The record discloses no affidavit' from Crowden as to the substance”, or truth of the evidence as alleged in the motion and affidavit of counsel to have been divulged to him by said Crowden. McLeod v. Shelly Co., 108 Ala. 81,…