
    (94 South. 922)
    THOMAS v. JOHNSON.
    (4 Div. 7.)
    (Supreme Court of Alabama.
    Nov. 2, 1922.)
    Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. Transferred from Court of Appeals.
    James J. Mayfield, of Montgomery,
    for appellant. Frank B. Bricken, of Luverne, for appellee.
   SOMERVILLE, J.

The testimony was sufficient, if believed by the trial court, to sustain (he judgment for plaintiff. Newly discovered evidence will not warrant the granting of a new trial, in the absence of any explanation by appellant of his failure to produce it on the trial, or of any showing whatever of diligence in the premises. W. Va. Land Co. v. May, 166 Ala. 127, 52 South. 315; McLeod v. Shelly, etc., Co., 108 Ala. 81, 19 South. 326. Affirmed.

ANDERSON, C. J., and McCLELLAN and THOMAS, JJ., concur.  