Watts v. White Hickory Wagon Co.

Little, J. There was no error in overruling a so-ealled “extraordinary” motion for a new trial, filed after the expiration of the term at which the verdict complained of was rendered, when it appears that the same was based on grounds of which the movant might have taken advantage before the close of the term, and upon alleged newly discovered evidence which might, by the exercise of proper diligence, have been obtained and used at the trial. Judgment affirmed. All the Justices concurring.