Schnurr v. Stults

Elliott, C. J. —

The appellant claimed in the court below a new trial upon the ground of newly discovered evidence. An issue of fact was made by counter-affidavits, and upon this issue the appellant failed. So far as the affidavits and counter-affidavits properly presented an issue of fact, the decision of the trial court is binding upon us, as it is well supported.

If, however, the affidavits of the appellant only are to be considered, they do not entitle him to a new trial, for there is not such diligence shown as the law requires. One who-asks a new trial upon the ground of newly discovered…