Fleming v. Stout

Decided November 15, 1862

Indiana Supreme Court · decided 1862-11-15

<p>Newly discovered evidence is not a ground for a review, under the code; nor is error in form only, although apparent on the face of the decree; nor is mere matter of abatement.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1862-11-15

How this case has been cited

Cited by 8 later decisions — most recently April 1925

8 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1A complaint for review will not lie, under the code, for newly discovered evidence.

¶2Such 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.

¶3But “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.

¶4The judgment is affirmed, with costs.