Yount v. Whisner

Per Curiam,

This is a trespass action in which defendant has appealed from the order of the court below granting a new trial, on plaintiff’s motion, upon the ground of after-discovered evidence. At the trial of the case the jury returned a verdict in favor of defendant on his counterclaim in the sum of $2,000. Plaintiff filed a motion for a new trial, and among the reasons assigned was that relating to after-discovered evidence.

Appellant on this appeal contends that the alleged after-discovered evidence did not warrant the grant of a new trial in that the affidavits in support of the motion…