Queen Insurance v. Betbeze

Citations

• 98 Miss. 262
• 53 So. 592

Syllabus

<p>New Trials. Grounds. Surprise. Code, 1906, § 744. Pleadings.</p> <p>Where to a, defense specially pleaded by notice under the general issue, as authorized by Code 1906, § 744, plaintiff was permitted to introduce evidence in avoidance, by filing a counter notice during the trial, defendant asking but being denied a continuance, and a verdict was rendered for plaintiff,-a new trial should be granted upon a showing that the defendant would produce evidence, not available on the first trial, materially contradicting and discrediting plaintiff’s testimony of which notice was first given on the trial.</p>