Kitch v. Oatis

Morris, C.

— The appellant filed his complaint in said -court for a new trial, under section 356 of the code. 2 R. :S. 1876, p. 183.

The complaint sets out the pleadings and issues in the action, the former trial, which was had at the April term of the Grant Circuit Court, 1878, and the evidence given by the parties on that trial. It is also alleged that after the adjournment of the April term, 1878, of said court, the appellant had discovered material new evidence; that he had been unable to discover it by the use of due diligence until after the term *97of tlie court at which the cause had been…