Miller Saw-Trimmer Co. v. Cheshire

On behalf of the plaintiff the following errors are assigned:

1. The court erred in holding that there had been a failure by the plaintiff to exercise due diligence to discover the evidence forming the basis of . the present petition.

2. The court erred in holding that the new evidence is not such as would probably have changed the conclusions arrived at by the supreme court had such evidence been before it.

3. The court erred in denying the plaintiff’s motion.

On behalf of the defendants it is urged that, the judgment of the circuit court having been affirmed by this court on appeal, it became…