Young v. Carr

The case was tried to the court sitting without a jury, and judgment rendered in favor of plaintiff for the amount prayed for in the complaint. Thereafter a motion for new trial was filed based substantially on two grounds: (a) That the evidence did not sustain the judgment; and (b) that material evidence had been newly discovered which could not with reasonable diligence have been found and produced at the trial of the case. The motion was heard and evidence presented upon the second ground above set forth.