Blackburn v. Crowder

The appellees obtained a new trial upon a complaint filed after the term. The appellant unsuccessfully demurred to the complaint.

One of the grounds upon which the complaint is assailed is, that the newly discovered evidence is cumulative, but we-think this ground not tenable. The newly discovered evidence was’ of an independent and distinct fact, the existence of an account book which had been concealed from the plaintiff, and is not, therefore, within the rule declaring that a new trial will not be granted where the newly discovered evidence is merely cumulative. Hines v. Driver, 100 Ind.…