Legal Research AI

Thomas v. Johnson

Court: Supreme Court of Alabama
Date filed: 1922-11-02
Citations: 94 So. 922, 208 Ala. 701
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2 Citing Cases
Lead Opinion

The testimony was sufficient, if believed by the trial court, to sustain the 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 So. 315; McLeod v. Shelly, etc., Co., 108 Ala. 81,19 So. 326.

Affirmed.

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