Anderson v. Sutherland

Citations

• 59 Tex. 409
• 1883 Tex. LEXIS 185

Syllabus

<p>1. Action fob new trial. — In an action brought for the new trial of issues determined by a former judgment, which is based on the discovery of new evidence, the petition should set forth ihe new evidence verbatim. It should be contained in accompanying affidavits of the witnesses who will testify, or the absence of the affidavits should be satisfactorily accounted for. The petition should also state the facts constituting diligence and to discover the testimony before the former trial. A general statement of the character of the evidence discovered, and that due dilgence was used to discover it sooner, will not be sufficient.</p>