Taylor v. Smith

— Appellant was summoned to answer the complaint in this cause. He appeared and separately demurred to the complaint for want of facts. His demurrer was overruled.

It is first contended by the learned counsel for appellant in this cause that the lower court erred in overruling the appellant’s demurrer to appellee’s amended ‘complaint. The amended complaint, which the lower court held good as against appellant’s demurrer, was in the following words;

“State of Indiana, county of Huntington — ss: Huntington Circuit Court, September Term, 1897. Thomas G. Smith, Assignee of Nathan W. Rogers, Plff.,…