Freeman v. Bowman
Indiana Supreme Court
APPEAJj from the Boone Common Pleas.
1Opinion of the CourtFrazer, C. J.
This was a complaint for a new trial tinder sec. 366 of the code, on the ground of newly *237discovered evidence., A demurrer was sustained to tbe complaint, and that ruling is assigned for error.
J. W. Evans, for appellant. O. 3. Hamilton, for appellee.
The complaint did not purport to show what was the evidence given upon the trial of the case. "Without this it was not possible to determine whether the new evidence would have been likely to change the result, and hence the complaint was entirely insufficient. Glidewell v. Daggy, 21 Ind. 95; Cox v. Hutchings, id., 219.
It is argued that the statute…
2Cases cited1 opinion
- Glidewell v. DaggyIndiana Supreme Court · 1863
3Cited by5 opinions
- Sanders v. LoyIndiana Supreme Court · 1873
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- Board of Comm'rs v. BrewingtonIndiana Supreme Court · 1881
- Houston v. BrunerIndiana Supreme Court · 1877