Fleming v. Stout
Cases that cite this one
6 later published cases cite this decision.
- Trust & Savings Bank v. Brusnahan (Ind. Ct. App. 1925)
- State ex rel. Turner v. Circuit Court for Ozaukee County (Wis. 1888)
- Hines v. Driver (Ind. 1885)
- George v. George (Ala. 1880)
- Worley v. Town of Ellettsville (Ind. 1877)
- Webster v. Maiden (Ind. 1872)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A complaint for review will not lie, under the code, for newly discovered evidence.
Such a complaint lies for newly discovered material matter, and for errors of law appearing on the face of the decree. 2 R. S. 280. Nelson v. Johnson, 18 Ind.
But “errors in form only, though apparent on the face of the decree, and mere matter of abatement, seem not to” be grounds for review. Ad. Eq., side p., 416. Query: Is an erroneous decision, upon the weight of evidence, which appears in the record, an error of law appearing in the proceedings, within the rule authorizing a review for error of law? See Ad. Eq., side p. 417, note.
The judgment is affirmed, with costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.