Sherry v. Ewell

Indiana Supreme Court

Decided December 31, 1853

Indiana Supreme Court · decided 1853-12-31

<p>It is too late, after a motion in arrest of judgment, to move for a new trial.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1853-12-31

How this case has been cited

Cited by 3 later decisions — most recently May 1947

3 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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Roache, J.

¶1Case by Ewell against Sherry for debauching his daughter, whereby he was deprived of her services. Damages 1,000 dollars. Sherry pleaded the general issue. Trial by jury, and verdict for 350 dollars.

¶2Upon the coming in of the verdict the defendant below moved in arrest of judgment, and for a new trial. No grounds for the arrest are pointed out, and we perceive none in the record, and that motion was correctly overruled.

¶3After the motion in arrest, the motion for a new tidal came too late. Rogers v. Maxwell, ante, p. 243.

Per Curiam.

¶4The judgment is affirmed, with 10 per cent, damages and costs.