Eastern Rock Island Plow Co. v. Stout

(after stating the facts as above):

On the assignment that the court erred in overruling the demurrer, the appellant urges that the complaint is bad because no affidavit of any witness was filed therewith or made a part thereof, setting forth the newly-discovered evidence to which the witness would testify. The contention cannot be sustained. First Nat. Bank v. Mulford (1911), 48 Ind. App. 84. All other specific objections to the complaint are involved in the assignment that the court erred in each conclusion of law; and, for that reason, they will not be considered here. Scanlin v. Stewart…