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22 Ind. 357

Tillson v. Crim

Indiana Supreme Court

Decided May 15, 1864

Indiana Supreme Court · decided 1864-05-15

<p>Pleading—New Trial.—Where a new trial is prayed for on the ground of causes discovered after the term at which the verdict or judgment was rendered, the .complaint should clearly show that such causes were discovered after such term, or it will be bad on demurrer.</p>

Cited by 1 later decisions — most recently May 1874

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1864-05-15

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Perkins, J.

¶1Complaint for a new trial, filed after the term at which a trial was had. '

¶2The grounds for a new trial are, surprise at the trial and newly discovered evidence. The complaint was demurred to, the demurrer was sustained, and the complaint dismissed.

¶3The statute provides that, “ where causes for a new trial are discovered after the term at which the verdict or decision was rendered,” &e.

¶4If the causes are discovered during the term, the motion for a new trial must be made during the term; and where *358the application for a new. trial is made after the term the complaint must show that the causes were discovered after the term or it will be bad on demurrer. 2 GL & II. p. 215, and note.

H. Craven, W. B. Pierce and II. Zb Thompson, for the appellant.John Davis, for the appellee.

¶5In the case at bai’, the complaint alleged “that since the trial of said cause the plaintiff has ascertained,” &c., but has no allegation that the discovery was made since or after the term, &c.

¶6The decision below is right, and is affirmed with costs.

Per Curiam.

¶7The judgment is affirmed accordingly.

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