Zouker v. Wiest

This is a complaint by the appellant against the appellee, under section 356, 2 G. & H. 215, for a new trial.

There was a demurrer to the complaint, which was sustained by the court, and final judgment rendered for the defendant. The sustaining of the demurrer is the error assigned. The complaint is sworn to by the plaintiff. It sets up as a cause for a new trial the discovery of new and material evidence after the former trial, and is accompanied by the affidavits of the newly-discovered witnesses. We are not furnished with any brief from the appellee, and do not therefore know what the…