Simoston v. Buchanan

Buchanan sued Simonton in the Circuit Court of Lawrenceburg upon a note for $3,500, and had verdict and judgment in his favor, from which, upon the overruling of his motion for a new trial, Simon-ton appealed to this Court.

He now insists that the Circuit Judge erred in overruling his motion for a new trial. In support of the motion, Simonton’s affidavit, and that of one of his counsel was read, setting forth that the verdict and judgment were had on the third day of the *280term, and before either bad arrived at the Courthouse. They seek to excuse their absence from Court upon the ground that the…