Burnett v. Neves

Simmons, Justice.

Burnett & Ingraham, for the use of Travers & Co., sued J. C. Neves on a promissory note. The jury returned a verdict for the plaintiffs. The defendant moved for a new trial, upon the several grounds set out in the motion. Among the grounds was one upon the newly discovered evidence of one Brown. On this ground the court below granted a new trial, and the plaintiffs excepted and brought the case here for review.

The only pleas of the defendant in the court below were the general issue and failure of consideration. The newly discovered evidence of Brown is, that the guano was…