Ragsdale v. Matthews

— The appellants filed their complaint in the court below for a new trial, under section 563, R. S. 1881, on account of newly discovered evidence, after the close of the term at which the judgment complained of was rendered.

It appears from the complaint that the suit in the former case was upon a promissory note executed by the appellants to the appellee’s intestate. Upon the issues in that case arising on pleas of payment and set-off, there was a trial which resulted in a judgment for the administrator.

The newly discovered (evidence, set out in the appellants’ complaint for a new trial,…