Habermehl v. Habermehl

*594OPINION

By FARR, J.

It readily becomes apparent, that it is the desire of the plaintiff in error, ■ to again bring the subject matter of the original action before this court for review, and this possibly, because the petition in error was not filed within the time in the original cause. The ground urgently insisted upon, is as before stated, newly discovered evidence or impeaching evidence.

However, it may be observed that the record discloses that had the' plaintiff in error used due diligence in the court below, the evidence now insisted upon as the basis for a new trial might have been…