
    13 April, 1818.
    JAMES EWING & al. vs. WM. M’CONNEL.
    
      On an appeal to reverse ajudgment of the Jessamine circuit court.
    
    
      Pope ibr appellant, Ilaggin for appellee.
    A motion &1, anew trinon preparation and dis-evidence"6"" should ’ be founded on Bhewií 'due diligence, that the new evidence nish a good defence.
   The Chief Justice

delivered the opinion of the court,

We are of opinion the circuit court decided correctly ⅛ refusing to sustain the application made by the appellants in ací‘oa for a new trial. The application was made on the, grounds of the want of preparation at the trial, and of the discovery of new matter of defence since (he trial. But a®^av‘ts upon which the application was made, neither £llew sufficient diligence in making preparation for the trial that vvas had, nor do they disclose any matter which would constitute an available defence on a second trial,

Judgment affirmed with cost,  