Barrett v. Belshe

OPINION of the Court, by

Judge Owsley.

This is an appeal from a decree of the court below, dismissing the bill of Barrett, exhibited for the purpose of obtaining a new trial in an action of ejectment previously prosecuted by Belshe, and in whose favor a judgment had been obtained against Barrett,

The grounds alleged in the bill for a new trial are — , 1st, Surprise*, by the production of evidence- on the trial,; and 2d, the discovery of éVídgnce since the ti;jal,

„ With respeot to the allegation, hf surprise, there can, he np’doubt but wiiat BaWett has altogether fajilgil ⅛⅜ . *349shew a sufficient…