Bivins v. McDonald

B&otlbs, 0. J.,

concurring specially. I agree with my colleagues that the mandamus absolute should be denied, but not for the reasons given by them. It is well settled that where a motion for new trial, made at the term of the court at which the verdict complained of was rendered, has been overruled, and the decision affirmed by this court, “to authorize a second motion the extraordinary state of facts relied upon in support of the motion must have been unknown to the movant- and his counsel at the time of the first motion, and impossible to have been ascertained by the exercise of proper…