Ruddick's Adm'r v. Ruddick's Adm'r

There was suit in the Jackson Common Pleas. The plaintiff in that suit recovered a thousand dollars. The defendant made a motion for a new trial, which was overruled. The motion was based upon alleged newly discovered evidence.

After the trial, but within a year thereafter, the defendant filed his petition for a new trial on account of additional newly discovered evidence. The Court sustained a demurrer to the petition, and refused the new trial. The evidence heard on the original trial is not placed before this Court. How, therefore, can this Court say whether there ought to be a new trial or…