McDaniel v. Graves

This was a complaint under § 356 of the practice act, for a new trial. That section provides that, “ Where causes for a new trial are discovered after the term at which the verdict is rendered, the application may be made by complaint filed with the clerk not later than the second term after the discovery, on which a summons shall issue, as on other complaints, requiring the adverse party to appear and answer it on or before the first day of the next term. The application shall stand for a hearing at the term to which the summons is returned executed, and shall be summarily decided by the…