The judgment was affirmed. Gugel's Adm'r v. Orth's Ex'r, 314 Ky. 591, 236 S.W.2d 460. Thereafter Leonard L. Gugel's administrator and heirs filed this independent suit for a new trial on the ground of newly discovered evidence. Sec. 518, Civil Code of Practice.
"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 * * *. But no such application shall be made more than three years after the final judgment was rendered; * * *." The judgment in the original action was entered in the Jefferson Circuit Court on Feb. 27, 1948. That judgment was affirmed in this court on Oct. 31, 1950, 236 S.W.2d 460, and the mandate was issued on Feb. 26, 1951, and immediately entered in the Jefferson Circuit Court. The instant action for a new trial was filed in that court on Feb. 24, 1952, under ยงยง 344 and 518 of the Civil Code of Practice on the ground of newly discovered evidence. The trial judge sustained a general demurrer to the petition as amended because it showed it was not filed within three years from the date of the entry of the final judgment in the Jefferson Circuit Court in the original action.