Schwind v. Forester

On December 27, 1935, in the circuit court of Perry county, a decree was rendered in favor of respondent (plaintiff below) in a certain chancery proceeding to declare as a preference a claim which plaintiff had filed in the receivership of the First National Bank of Tamaroa, of which petitioner herein is receiver.

On January 4, 1936, the defendant, who is now petitioning for leave to appeal, filed a motion in the cause, which he styles a motion for a new trial. The motion assigns a number of reasons, chief among which are newly discovered evidence; that the findings of the court are against…