
    Whitney v. Gibson et al.
    
    Simmons, C. J. — The evidence was conflicting, but that introduced for the defendants was sufficient to sustain the verdict. There was no material error of law, and the newly discovered evidence, in view of the counter-showing, would not probably change the result. This court will not, therefore, overrule the discretion of the presiding judge, who was satisfied with the verdict, in refusing a new trial.
    December 21, 1894.
    Complaint on account. Before Judge Clark. Newton superior court. March term, 1894.
    T. Spearman and E. E. Edwards, for plaintiff.
    J. E. Rogers and L. L. Middlebrook, for defendants.
   Judgment affirmed.  