Cummins ex rel. Mahan v. Evansville & Terre Haute Railroad

This suit was commenced by appellant, Cumanins, trustee of Jackson township, of Sullivan county, upon the relation of William H. Mahan, supervisor of road district No. 2 in said township, as plaintiff, against the appellee .as defendant, before a justice of the peace of said county. *418From the justice’s judgment the cause was appealed to the court below. There defendant’s demurrer to the complaint herein, for the alleged insufficiency of the facts therein to-constitute a cause of action, was sustained. Plaintiff declined to amend his complaint or plead further, and thereupon the court adjudged…