
    CURETON v. CLOPTON.
    October 26, 1896. Argued at the last term.
    Complaint on account. Before Judge Milner. Dadesuperior court. September term, 1895.
   Atkinson, J.

The evidence, though clearly decidedly conflicting, warranted the verdict. Some of the alleged newly discovered evidence was evidently within the knowledge of the defendant ■at the time of the trial, and all of it might have been obtained before that time by the exercise of proper diligence. As a whole,. it would not probably change the result. Judgment affirmed.

B. T. Brock, T. J. Lumpkin and McGuichen & Shit-mate, for plaintiff in error.

.W. Ü. &J. P.Jacoway, contra.  