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GRAY v. SAWYER

252 S.W.2d 10 (1952)

GRAY et al. v. SAWYER et al.

Court of Appeals of Kentucky.

Rehearing Denied November 21, 1952.

Attorney(s) appearing for the Case

Wallace & Hopson, Finley F. Gibson, Jr., Louisville, for appellants.

J. Leonard Walker, Lawrence S. Grauman, Louisville, for appellees.

SIMS, Justice.

The question to be determined on this appeal is, when does a judgment become final for the purpose of filing a suit for a new trial under § 344 or § 518 of the Civil Code of Practice? The first mentioned section reads:

"If grounds for a new trial be discovered after the term at which the verdict or decision is rendered, the application may be made by a petition filed with the clerk not later than the second term after the discovery...

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