Halbrook v. Halbrook

This is an appeal from an order by which the circuit court refused to grant the appellant a new trial upon the ground of newly discovered evidence. Since the appellant concedes that Ms motion was addressed to the trial court’s sound discretion the only question is whether there was an abuse of that discretion.

The dispute grew out of an oral transaction by wMch the appellee, Ellery Halbrook, sold and delivered thirty-five head of cattle to his brother Archie, the appellant, for an agreed price of $3,500.00. Ellery’s suit to recover the purchase price was defended by Archie on the ground that…