Zimmerman v. Weigel
Indiana Supreme Court
From Grant Superior Court; Hiram Brownlee, Judge Action by Abraham Zimmerman against John E. Weigel for a new trial on the ground of evidence discovered after the term at which final judgment in the main action was rendered. From a judgment on demurrer to the complaint, the complainant appeals. Transferred from Appellate Court, under §1337u Burns 1901.
1Opinion of the CourtJordan, C. J.
Appellant instituted this action under §572 Burns 1901, §563 Horner 1901, by a complaint, to obtain a new trial on the ground of new evidence discovered after the term at which the final judgment in the main action was rendered, and within one year from said date. A demurrer to the complaint was sustained for insufficiency of facts, and judgment was rendered against appellant on de*371murrer, from which he appeals, and assigns as error the sustaining of appellee’s demurrer to his complaint. The pleading discloses that the main action in which the new trial is sought was commenced by appellee…
2Cases cited6 opinions
- Hines v. DriverIndiana Supreme Court · 1885
- Schnurr v. StultsIndiana Supreme Court · 1889
- Davis v. DavisIndiana Supreme Court · 1896
- McDonald v. CoryellIndiana Supreme Court · 1893
- Ward v. VorisIndiana Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Vickers v. Philip Carey Co.Supreme Court of Oklahoma · 1915
- Kennedy v. Emerald Coal & Coke Co.Supreme Court of Delaware · 1944
- Cheek v. StateIndiana Supreme Court · 1908
- Paulausky v. Polish Roman Catholic UnionIndiana Supreme Court · 1942
- Bruce v. StateIndiana Supreme Court · 1927
8 more not listed; retrieve them via the Exa API.