Goff v. Mulholland

Upon the trial of this cause no exception was taken to any testimony, nor to the giving of instructions, and the only question, therefore, which can properly arise in this court relates to the overruling of the motion for a new trial, founded upon affidavits of newly discovered evidence. One of the issues made by the pleadings was, whether the entry upon the lot, and the taking of earth therefrom, were by consent of the plaintiff, and upon this point both parties in*204troduced evidence. In support of the motion for a new trial upon the ground above stated, the plaintiff filed his affidavit,…