Doe Ex Dem. Windsor Realty Co. v. Finnegan

On Rehearing.

THOMAS, X

The majority, as indicated, are of the opinion that the statute (section 9519, Code of 1923) applies only after two new trials granted upon the ground that the verdict is not supported by the weight of the evidence, where the verdicts were rendered upon substantially the same evidence; that the new trial ordered by this court in Windsor Realty Co. v. Finnegan, 202 Ala. 17, 79 So. 355, upon the ground of newly discovered evidence, is not to be considered within the statute; that, therefore, the new trial ordered in Windsor Realty Co. v. Finnegan, 210 Ala. 314, 97 So. 822,…