Freeman v. Bowman
Cases that cite this one
5 later published cases cite this decision.
- Board of Comm'rs v. Brewington (Ind. 1881)
- Kitch v. Oatis (Ind. 1881)
- Houston v. Bruner (Ind. 1877)
- Bartholomew v. Loy (Ind. 1873)
- Sanders v. Loy (Ind. 1873)
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
This was a complaint for a new trial tinder sec. 366 of the code, on the ground of newly
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 does not contemplate a demurrer and other pleadings as in an. ordinary case. We perceive no reason for overruling the cases cited above, nor any necessity for the consideration of that question here, for as a correct result was reached, we could not, in any event, disturb the judgment.
The judgment is affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.