Anderson v. Hathaway

This was an action by the appellant against the appellee for a new trial, on account of newly-discovered evidence.

The appellee demurred to the complaint, and the demurrer being sustained, the appellant stood by his pleading and refused to amend, or plead over, and final judgment was rendered against him. The sufficiency of the complaint is the only question before us.

The complaint avers that the original cause was tried at the April term, 1888, of the Lake Circuit Court, and that the plaintiff did not discover the new evidence until January, 1889. It also avers that the plaintiff had no…