¶1Complaint for a new trial, filed after the term at which a trial was had. '
¶2The grounds for a new trial are, surprise at the trial and newly discovered evidence. The complaint was demurred to, the demurrer was sustained, and the complaint dismissed.
¶3The statute provides that, “ where causes for a new trial are discovered after the term at which the verdict or decision was rendered,” &e.
¶4If the causes are discovered during the term, the motion for a new trial must be made during the term; and where *358the application for a new. trial is made after the term the complaint must show that the causes were discovered after the term or it will be bad on demurrer. 2 GL & II. p. 215, and note.
¶5In the case at bai’, the complaint alleged “that since the trial of said cause the plaintiff has ascertained,” &c., but has no allegation that the discovery was made since or after the term, &c.
¶6The decision below is right, and is affirmed with costs.
¶7The judgment is affirmed accordingly.