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LOUGHMAN v. COUCHMAN

No. 48044.

53 N.W.2d 286 (1952)

LOUGHMAN v. COUCHMAN et al.

Supreme Court of Iowa.

May 6, 1952.

Attorney(s) appearing for the Case

Stuart & Stuart, of Chariton, for appellants.

Harry F. Garrett, Thomas S. Bown, and Elton A. Johnston, all of Corydon, for appellee.

GARFIELD, Justice.

After our decision in Loughman v. Couchman, 242 Iowa 885, 47 N.W.2d 152, plaintiff Mrs. Loughman petitioned the district court for a new trial on the ground of "Material evidence, newly discovered, which could not with reasonable diligence have been discovered and produced at the trial, * * *" as provided by rule 252 (f), 58 I.C.A.Rules of Civil Procedure. The court heard the newly discovered evidence

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