Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana (Volume 7)
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Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana (Volume 7)

Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana (Volume 7)


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894. Excerpt: ... The First National Bank of Richmond, Indiana, r. Gibbons. will be to determine as to the credibility of the witnesses, the weight to be given to their testimony, and the facts established by the testimony. Of this right he is deprived, if the court can assume to receive and consider counter affidavits as to such matters, and to determine therefrom, in advance, the very things which belong to the exclusive province of the jury, thus shutting the door to investigation by a jury. Besides thus working wrong and injustice, the practice of receiving counter affidavits as to such matters, obviously tends to divers abuses, which ought to be guarded against. One of these is somewhat illustrated, in the present case, by the fact that the alleged maker of one of the so-called counter affidavits afterwards testified, under oath, that he never made or swore to the statement therein contained." Conceding the force of this argument, yet it is undeniably true that there are many facts in judicial controversies which a party is not entitled to have submitted to a jury of his peers. If the fact is one that falls within the sphere of equitable cognizance, he must submit it to the court for determination. Again, in many cases, after a verdict has been returned, the trial court has supervisory powers over it, and if it is not right in its judgment, it is its duty to set it aside even on its own motion. We do not think any extraordinary hardship is imposed upon the unsuccessful party by the practice of admitting counter affidavits as was done in this case. The newly discovered evidence was relevant and material; not cumulative and impeaching merely in its character, but is of that kind that would entitle the appellant to a new trial if uncontradicted and presented under a prop...


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Product Details
  • ISBN-13: 9781153889599
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 238
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1153889595
  • Publisher Date: 02 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 431 gr


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Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana (Volume 7)
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