80 Iowa 454 | Iowa | 1890
— The beer in question was sold by the plaintiff to the defendant in the year 1885. At that time the board' of supervisors was authorized by law to grant permits for the sale of intoxicating liquors for medicinal, culinary, mechanical and sacramental purposes. The plaintiff had such a permit, but was unable to make such proof thereof as the court thought to be sufficient; and for that reason a verdict was ordered for the defendant. In the motion for a new trial the plaintiff claimed that he discovered evidence, after the verdict, which established the fact that he was authorized to sell liquors by a permit from the board of supervisors of Polk county. The court, after an examination of the showing, and in the exercise of its discretion, ordered a new trial.
It is claimed by counsel for appellant that the court abused its discretion, because the evidence ought not to be regarded as newly discovered, but that it should have been procured before the trial. It appears from the affidavits attached to the motion for a new trial that before the trial the auditor’s office of Polk county was diligently searched for the records and original papers pertaining to the application and granting of a permit to the plaintiff. After the trial,. another search was instituted in a room formerly occupied by the board