GEORGE ROSE SMITH, Justice.
This is an appeal from an order by which the circuit court refused to grant the appellant a new trial upon the ground of newly discovered evidence. Since the appellant concedes that his motion was addressed to the trial court's sound discretion the only question is whether there was an abuse of that discretion.
The dispute grew out of an oral transaction by which the appellee, Ellery Halbrook, sold and delivered thirty-five head...
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