Detroit, Eel River & Illinois Railroad v. Blodgett

In this action, the appellee, as plaintiff, sued the appellant, as defendant, in a complaint of three paragraphs, before a justice of the peace of DeKalb county, Indiana.

The trial of the cause before the justice resulted in a judgment for the appellee, for thirty-five dollars, from which judgment the case was appealed to the court below.

The appellant moved the court below to dismiss severally each paragraph of the appellee’s complaint; which motion was overruled as to the first and second paragraphs, to which decisions the appellant excepted. The motion to dismiss was sustained as to the…