Legal Opinion

Davis v. D. M. Osborn & Co.

Indiana Supreme Court

Decided January 25, 1901No. 19,257Published

From the Harrison Circuit Court.

1Opinion of the CourtBaker, J.

Suit by appellants to enjoin appellees from enforcing an alleged judgment rendered by a justice of the *87peace against appellants and in favor of appellee D. M. Osborn & Company. Complaint in two paragraphs. Demurrers to each paragraph for want of facts were sustained. On appellants’ refusal to amend, judgment for appellees was rendered. The assignments of -error question the correctness of the court’s rulings on the demurrers.

Both paragraphs of complaint count on the same cause of action. Inasmuch as the first paragraph does not set forth the facts as fully as the second, the latter.alone will…

2Cases cited4 opinions

  1. Briggs v. SneghanIndiana Supreme Court · 1873
  2. Mills v. State ex rel. BarbourIndiana Supreme Court · 1858
  3. Ohio & Mississippi Railroad v. HannaIndiana Supreme Court · 1861
  4. Fuller v. Indianapolis & Cincinnati RailroadIndiana Supreme Court · 1862

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