Nessley v. Ladd

Opinion by

Mr. Justice Wolverton.

On the appeal in this case there was an affirmance, and the appellants now move for a rehearing, and that the decree of the court below be set aside, and the cause reopened for the consideration of newly discovered evidence. The motion is supported by affidavits showing, in purport, the evidence relied upon, which it is alleged has been discovered since the decree was affirmed. Prior to the appeal there was a motion filed in the Circuit Court by the same parties for a new trial, based upon alleged newly discovered evidence, but the evidence here relied upon is…