Green v. Morgan

Felton, Chief Judge.

The plaintiff knew of the materiality of the testimony of Miss Human. It follows that the sole inquiry to be made is the amount of diligence exercised by the plaintiff before trial to locate Miss Human and have her testify for the trial either in person or by depositions or interrogatory. In the special ground of the motion for a new trial it is alleged: “ (f) Each of the affidavits of movant and her counsel are hereto attached and made a part of this ground, and marked ‘Exhibit E’, and shows that neither they nor any of them could have discovered the newly discovered…