Powell v. Galloway

Opinion op the Court by

Judge Willis

Affirming.

This is an action for a new trial on the ground of fraud and newly discovered evidence. Civil Code secs. 343, 344. The action was dismissed, and the plaintiff appeals.

Galloway recovered a judgment against Dr. Powell and a motion for a new trial was overruled. See Powell v. Galloway, 229 Ky. 37, 15 S. W. (2d) —. This suit was then filed, on the ground that the plaintiff, Randolph Galloway, had testified falsely that his hand and fingers were stiff, deformed, and permanently impaired, and that he had obtained a judgment for $3,000 based on his…