Mosely v. Asher

OPINION op the Court by

Drury, Commissioner

Affirming.

Appellant here was appellee in the case of Asher, et al. v. Mosely, reported in 201 Ky. 703, 258 S. W. 320. After the return of that cause to the Leslie circuit court, and after judgment was entered in favor of Asher, et al., as directed by this court, Mosely began this action by filing a petition for a new trial, alleging therein that he has discovered new evidence. A demurrer was sustained to his petition, and he has appealed. In the former opinion we said:

‘ ‘ The evidence is entirely satisfactory that the plaintiffs (Asher, et al.) . . .…