Swift v. Wakeman

Wakeman sued Swift on an open account composed of several items, and demanded judgment for 600 dollars. Swift filed a set-off, claiming judgment for 83 dollars. Trial by jury, and verdict and judgment for Wakeman for 243 dollars and 7 cents. A motion for a new trial, interposed at the proper time, was overruled.

The ground of the motion was newly discovered evidence. The affidavit of Swift, and that of Carnahan, the proposed witness, were filed and set out agreeably to the rule. Priddy v. Dodd, 4 Ind. R. 84.

*553The substance of the newly discovered evidence relates to an item of 300 dollars, which…