Cox v. Hutchings

Complaint for a new trial. Two grounds are assigned :

1. Surprise at the testimony of the plaintiff, Hutchings.

2. Newly discovered evidence.

The case in which the new trial is asked was this:

*220Hutchings sued Cox for 481 dollars, which he alleged the latter owed him for money and services expended and performed by the former, (Hutchings,) in purchasing hogs for the latter, (Cox.)

Cox answered, the general denial, and a special denial, that Hutchings purchased the hogs in question for himself, not for Cox, the defendant.

The cause was tried after the act making parties competent witnesses came into…