Sanders v. Loy

This was a complaint for a new trial under section 356 of the code, 2 G. & H. 215, on the ground of newly-discovered evidence. A demurrer was sustained to the complaint, and that ruling is assigned for error.

Various objections are urged to the complaint by counsel for appellee. The first is, that the evidence given upon the original trial is not put in the record by a bill of exceptions. The objection is not well taken. Counsel seem to have confounded this proceeding with a motion for a new trial *230made in term time, on the ground of newly-discovered evidence. When the motion is made during the…