Guckien v. Rothrock

The appellee sued the appellant in the Carroll Circuit Court to enjoin the collection of certain assessments upon his land for the construction of a gravel road. The complaint was in two paragraphs, a demurrer to each of which was overruled. Issue, trial by the court, finding and judgment for the appellee over a motion for a new trial. It is assigned for error that the co.urt erred in overruling the demurrer to each of the *356paragraphs of the complaint, and in overruling the motion for a new trial.

The first paragraph states that “plaintiff is and has been for the last five years the owner in…