Biggers v. Mathews

1. “The judgment of the trial court refusing a motion for new trial on the ground of newly discovered evidence will not be disturbed when the motion fails to show, by affidavit of the movant and each of his counsel, that they did not know of the existence of such evidence before the trial, and that the same could not have been discovered by the exercise of ordinary diligence.” Pharr v. Davis, 133 Ga. 759 (66 S. E. 917); Civil Code (1910), § 6068.

*858March 16, 1916. Complaint. Before Judge Fite. Catoosa superior court. March 10, 1915. J. H. Anderson and W. E. Mann, for plaintiff in error. J. H.…