Spillars v. Curry

There are hut three grounds of error assigned by the appellants, that we believe require any notice from us — the second, third, and fourth.

The second assignment is, that the court erred in overruling the motion for a new trial.

The motion was made on the affidavit of one of the appellants that ho was taken by surprise; but he does not support his motion by showing what the absent witnesses would have sworn to if they had been present; nor does he show any reason why he did not have them in attendance. He swears that he believes that one of the witnesses sworii on the trial was mistaken, from…