Miller v. City of Indianapolis

A controversy arose in this case, in the circuit court, as to whether it was an action to quiet title, or an action to obtain an injunction. Acting upon the theory that it was an action to obtain an injunction, the circuit court refused the request of the appellant for a trial by jury, and also overruled the application of the appellant for a new trial as of right. The complaint in the cause, omitting the caption and the description of the land in controversy, is as follows:

“ Catharine A. Miller, plaintiff, complains of the city of Indianapolis, Leander A. Fulmer and George W. Seibert,…