Ward v. Voris

Olds, J. —

This was a suit on a promissory note. The defendant filed pleas in payment, one alleging payment in money, and one alleging payment in certain articles of personal property. Finding and judgment for the plaintiff, the appellee. Motion for a new trial filed and overruled by the court, and exceptions reserved by the appellant.

The question presented and discussed is, whether the appellant was entitled to a new trial on account of newly discovered evidence.

The main controversy in the case was between the payor of the note, the appellant, Ward, and the payee of the note, one Wilkins, who…