Williams v. Williams

Wyatt, Presiding Justice.

“When a motion for new trial is made on the ground of newly-discovered evidence, it must appear by affidavit of the movant and each of his counsel that they did not know of the existence of such evidence before the trial, and that the same could not have been discovered by the exercise of ordinary diligence. If the newly-discovered evidence is that of witnesses, affidavits as to their residence, associates, means of knowledge, character and credibility must be adduced.” Code § 70-205. In Luce v. Evans, 202 Ga. 48, 50 (41 S. E. 2d 878), it was held that this rule must…