National Concrete Construction Co. v. Duvall

Opinion of the Court by

Judge Carroll

Affirming.

This suit was brought by the appellant company to obtain a new trial on the ground of newly discovered evidence, and thereby vacate a judgment obtained against it by the appellee, Duvall, in the court in which the petition for a new trial was filed, the proceeding being authorized by section 344 of the Civil Code, reading’ in part:

“If grounds for a new trial be discovered after the term at which the verdict or decision is rendered, the application may be made by a petition filed with the clerk not later than the second term after the discovery —…