Thomas v. Johnson

94 So. 922, 208 Ala. 701

Opinion

SOMERVILLE, J.

The testimony was sufficient, if believed by the trial court, to sustain (he judgment for plaintiff. Newly discovered evidence will not warrant the granting of a new trial, in the absence of any explanation by appellant of his failure to produce it on the trial, or of any showing whatever of diligence in the premises. W. Va. Land Co. v. May, 166 Ala. 127, 52 South. 315; McLeod v. Shelly, etc., Co., 108 Ala. 81, 19 South. 326. Affirmed.

ANDERSON, C. J., and McCLELLAN and THOMAS, JJ., concur.