Legal Opinion
East v. McKee
Indiana Court of Appeals
Decided December 10, 1895No. 1,691PublishedCited by 10 opinions
From the Greene Circuit Court.
1Opinion of the CourtRoss, J.
The appellants filed their complaint in the court below for a new trial on account of newly discovered evidence. A demurrer for want of facts was sustained to the complaint, and the correctness of this ruling of the court below presents the only question on this appeal.
Before considering the sufficiency of the facts alleged to constitute a cause of action, it may be well to advert to the rules governing actions of this character.
An application for a new trial after term, except as provided by section 563, R. S. 1881 (section 572, Burns R. S. 1894), is an independent proceeding and the…
2Cases cited20 opinions
- Hines v. DriverIndiana Supreme Court · 1885
- People v. SuttonCalifornia Supreme Court · 1887
- Baker v. JosephCalifornia Supreme Court · 1860
- Wynne v. Newman's Adm'orSupreme Court of Virginia · 1881
- Wallace v. Tumlin & StegallSupreme Court of Georgia · 1871
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Donahue v. StateIndiana Supreme Court · 1905
- Zimmerman v. WeigelIndiana Supreme Court · 1902
- Bertram v. State, ex rel. Lowell Dredge Co.Indiana Court of Appeals · 1904
- Crumrine v. Estate of CrumrineIndiana Court of Appeals · 1896
- McKernan v. EstabrookIndiana Court of Appeals · 1917
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