McBurney v. Richardson

93 Ga. App. 138 (1955)

91 S.E.2d 123

McBURNEY

v.

RICHARDSON.

35774.

Court of Appeals of Georgia.

Decided September 7, 1955.

Rehearing Denied December 12, 1955.

Isaac S. Peebles, Jr., for plaintiff in error.

Mixon & Chambers, contra.

NICHOLS, J.

1. Ground 4 of the motion for new trial as amended is based upon the ground of newly discovered evidence. There is no affidavit of counsel for the movant (defendant) attached to this ground showing that he did not know of the existence of this evidence prior to the trial of the case, and that it could not have been discovered by the exercise of ordinary diligence;…