Davis v. Davis

— Appellees brought this action against appellant to procure a new trial, on account of newly discovered evidence, of a cause in which appellant recovered a judgment against appellees.

Appellant filed a demurrer for want of facts to the complaint, which was overruled. The cause was tried and resulted in a finding and judgment in favor of appellees, that a new trial of said cause be granted, etc. The errors assigned call in question the action of the court in overruling the demurrer to the complaint, and in overruling appellant’s motion for a new trial.

In determining the sufficiency of the…