¶1 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.
208 Ala. 701
94 So 922
Thomas v. Johnson
Decided November 2, 1922
Supreme Court of Alabama · decided 1922-11-02
Relies on McLeod v. Shelly Manufacturing & Improvement Co. · West Virginia Land Co. v. May
Good law ✅— No negative treatment on recordhow we know
Decided 1922-11-02
How this case has been cited
Cited by 6 later decisions — most recently September 1987
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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