Miller v. Proctor & Sturgeon

BY THE COURT

Various errors are assigned in the petition in error and urged by counsel for plaintiff in error, in their brief. In view of the conclusion at which we have arrived it will be unnecessary to discuss some of the alleged grounds of error urged by counsel for plaintiff in error.

The petition of plaintiff does not allege that any damage resulted to them by reason of the purchase by Benjamin Miller of the 31 hogs claimed to have been included *297in their mortgage. The petition merely seeks to recover upon the grounds of conversion. There is no averment in the petition that the plaintiffs…