Chicago & Eastern Illinois Railroad v. McKeehan

McKeehan obtained a judgment against the railroad company at the March term, 1891, of the Vermillion Circuit Court, for damages for the killing of'two horses, and after the final adjournment of said court for said term, the company filed its complaint for a new trial on the ground of newly-discovered evidence, under section 563, R. S. 1881. Affidavits of the newly-discovered witnesses were filed with the complaint showing the facts to which they would testify; also affidavits upon the question of diligence upon the part of the company in attempting to procure the evidence before the trial.

A…