Jasper County Democrat, Volume 14, Number 92, Rensselaer, Jasper County, 28 February 1912 — AFFIRMS $1,000 JUDGMENT. [ARTICLE]

AFFIRMS $1,000 JUDGMENT.

Appellate Court Does Not Find Jasper Bench in Error. The appellate court Friday affirmed a judgment of the Jasper circuit court of $i;000 in' favor of Thomas S. Dowling and • against Orin apd Arch Elijah for injuries resulting from an assault made on Dowling in October of 1907. The defendants asked for a new trial on the ground of newly discovered evidence because the plaintiff had testified that the injuries incapacitated him from work ' 'all winter, while it was since discovered that within fourteen days after the alleged injury he had with a neighbor performed extra heavy work and displayed more than usual strength. The appellate court says that by the defendants’ failure to show in their appeal what evidence was given on the trial of the case, the appellate court can npt judge whether the trial court • was in error in overruling the - motion, for a new trial and affirms the lower court. The parties reside near Morocco and the case came here from Newton county d n change of venue.