Jenkins v. Kitsen

Appeal from District Court, Meagher County; John A. Matthews, Judge. Action by Maggie J. Jenkins against Charles Kitson. From • an order denying a new trial, plaintiff appeals. Where the newly discovered evidence is not that of eye-witnesses, whose presence could have^ been ascertained by investigation, but of persons who had conversations with the adverse party, the motion will not be denied on the ground of lack of diligence, as the moving party is not expected to make inquiries as to who, among the adverse party’s neighbors, had had conversations with him in reference to the transaction in…