White v. C. W.C. Railway Co.

The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from an order'of his Honor, Judge Sease granting a new trial on the ground of after-discovered evidence.

The exceptions, three • in number, nowhere impute error on the part of his Honor in exercising his discretion erroneously or abusing it in granting the motion for a new trial. That being the case, this Court will not reverse the Circuit Court unless there is a clear showing of abuse of discretion on the part of the Circuit Court, or unless this discretion on the part of the Circuit Court was based on an error of law. The decisions to sustain this position are so numerous as to render citation of authorities unnecessary.

In the instant case there was a conflict of evidence, and a question of fact before his Honor; it was a law case, and, no exception being taken alleging or showing abuse of discretion on the part of his Honor, this Court will not review his findings. Judge Sease not only heard the motion, but had presided at the trial, saw and heard the witnesses, and was especally competent to judge the probable effect on a jury.

We see no error as complained of. Exceptions are overruled, and judgment affirmed.