Warne v. Irwin

Appellants brought this action against appellee, under §629 Burns 1894, §617 Horner 1897, to review a judgment recovered by appellee against them. Appellee’s demurrer for want of facts was sustained to the complaint, and appellants refusing to plead further, judgment was rendered against them. Appellants jointly assign as error the sustaining of appellee’s demurrer to their complaint.

Section 629 (617), supra, requires that when a complaint for review is filed for new matter discovered since the rendition of the judgment, it must show that the newly discovered matter could not have been…