Gulf, Colorado & Santa Fe Railway Co. v. Blanchard

WILLIAMS, Associate Justice.

This case comes up on certificate of dissent from the Court of Civil Appeals for the Third District. The matter about which the justices differ is stated in the two opinions, the only question certified to this court being as to the sufficiency of the showing of diligence on the part of appellant to obtain the testimony for which the new trial was sought. That question, as presented, depends upon the legal effect of the affidavits offered in support of the motion and is, we think, one which this court may consider, so far as to decide whether or not the showing was…