Norman

Action brought by distributee of an estate on two promissory notes alleged to have been executed by defendant. The answer denied the allegations of the complaint, particularly with reference to the execution by defendant of either of the notes in question. Prom a judgment in favor of defendant, plaintiff appeals.

On the trial defendant testified that she did not sign either of the notes, thereby presenting a conflict in the evidence—which fact, under ihe well-known rule relating to appeals, constitutes a sufficient answer to appellant's contention that the evidence was insufficient to justify the findings and the judgment.

Appellant also urges the point that the trial court erred in denying plaintiff’s motion for a new trial. The said motion was based upon alleged facts contained within affidavits made respectively by plaintiff and a witness who was present and testified at the trial of the action. By such affidavits it was made to appear that if a new trial were granted, by the use of certain letters purporting to have been signed by defendant, plaintiff would be able to establish the signature of defendant to the notes upon which the action was brought. However, no affidavit…