Supreme Court of Alabama, 1922

Thomas v. Johnson

Thomas v. Johnson
Supreme Court of Alabama · Decided November 2, 1922 · Somerville, Anderson, McClellan, Thomas
94 So. 922; 208 Ala. 701 (Southern Reporter)

Thomas v. Johnson

Opinion of the Court

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.

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