Pattison v. Wilson

Decided May 15, 1864

Indiana Supreme Court · decided 1864-05-15

<p>Pleading—New Trial.—Where an application for a new trial is made after the term, based upon newly discovered evidence, there must be brought to the knowledge of the Court, by affidavits or otherwise, the issues in the cause, the evidence adduced upon the former trial, and the newly discovered evidence, in order that the Court may correctly determine its duty in the premises.</p>

Cited by 3 later decisions — most recently November 1875

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1864-05-15

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Per Curiam.

¶1This was an application by the appellant under section 356, p. 215, 2 G-. & EL, for a new trial within a year after judgment. The application is based on newly discovered evidence. The complaint for the new trial does not profess to contain all the evidence given on the former trial, not even all upon the points upon which the new trial is sought. A demurrer was, for this reason, properly sustained *359to said complaint. Cox v. Hutchings, 21 Ind. p. 219; Glidewell v. Daggy, id. 95.

Clay fool, Clarice, McDonald $ JRoache, for the appellant.Hendricks § Hovd, for the appellee.

¶2The judgment is affirmed, with costs.