Bank of Commerce & Trust Co. v. J. C. Pennoyer Co.

(after stating the facts as above). Plaintiff “having failed to move a continuance or postponement, and proceeded voluntarily with the trial, he was in no position, after the cáse was decided against him, to ask for a new trial on the ground of such alleged surprise. Having speculated upon the chances of a favorable result upon the evidence then before the court, and lost, he cannot now demand another trial that he may introduce other evidence not available to him on the first trial.” This statement of the rule, frequently approved, need not be enlarged upon. Simpson v. Golden, 114 Ala. 336,…