Mason v. Tremayne

Relief is sought after term in this cause by virtue of Section 11580, General Code, which provides:

“When, with reasonable diligence, the grounds for a new trial could not be discovered before, but are discovered after the term at which the verdict, report, or decision was rendered or made, the application may be by petition, filed not later than the second term after the discovery,” etc.

The gist of the claim of the plaintiff in error is that Tremayne gave false testimony, which, with reasonable diligence, could not be discovered until after the term at which the trial took place; that this…