Shewalter v. Williamson

— The only question involved in this appeal relates to the propriety of the ruling of the court in sustaining a demurrer to the plaintiff’s complaint. The proceeding was instituted after the term at which a judgment had been rendered against the plaintiff below, for the purpose of procuring a new trial on the ground of newly discovered evidence.

An examination of the complaint makes it clear that it does not state facts sufficient. It can not be necessary or useful to set out the complaint. It is quite sufficient to say, *374eliminating the pleadings and evidence in the original case, which are…