Foster v. Rosamond

On Rehearing.

SAMFORD, Judge.

In the original opinion in this case appears this statement, on page 4 of the opinion, ante, p. 101, 180 So. 336, to wit:

“After the trial, upon a renewed search for evidence, and, as we read the record, purely by accident, -lie [defendant] found a cancelled check, which, if he had had same at the trial, would have, in our opinion, changed the jury’s action.

“At any rate, upon the hearing of appellee’s motion to set aside the verdict of the jury, and the judgment rendered thereon, the learned trial judge was of the opinion that this newly discovered evidence was of…