Sutton v. Ward

Atkinson, Justice.

1. While ground 4 of the motion for new trial sets out certain testimony of a named witness on the trial of the case, and ground 5 states that at the time the testimony was given the witness was honest, but finds upon reflection that he was mistaken, no complaint is made of any ruling in either ground; and consequently no question is presented for decision.

3. In ground 6 it is contended that the testimony of the ordinary “was the deciding factor in the jury’s reaching a verdict,” and -it is insisted that this reversal of his testimony should have great weight in determining…