Chambers v. Chambers' Adm'r

Judge Owsley

delivered the opinion of the court.

This is an appeal from a judgment recovered by the ap*349pellee in an action for the trover and conversion of certain promissory notes, brought by him in the circuit court against the appellant.

Where there is opposing evidence the court will not grant a new trial, nor will they grant it because of the discovery of evidence touching a fact which was before jury.

The assignment of errors questions the sufficiency of the declaration, and contests the decision of that court in overruling the appellant’s motion for a new trial.

The precise objection to the…