Legal Opinion

Lightcap v. Konovosky

Indiana Supreme Court

Decided January 7, 1904No. 20,223PublishedCited by 2 opinions

Erom Starke Circuit Court; JB. D. L. Glazebrook, Special J udge. Action by Henry Lightcap against Joseph Konovosky to review a judgment. Erom a judgment sustaining a demurrer to the complaint, plaintiff appeals. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion of the CourtMonks, J.

— Appellant brought this action to review a judgment rendered in favor of appellee against him. A demurrer for want of facts to the complaint for review was sustained, and, appellant refusing to plead further, judgment was rendered in favor of appellee. It is- insisted by appellant that the court erred in sustaining said demurrer.

It is the settled rule in this State, in proceedings to review, that all the facts necessary to constitute a cause of *610action must be alleged in the complaint so that the same is sufficient to withstand a demurrer for want of facts without resorting to the exhibits.…

2Cases cited4 opinions

  1. Travelers' Insurance v. Prairie School TownshipIndiana Supreme Court · 1898
  2. Jamison v. Lake Erie & Western RailroadIndiana Supreme Court · 1897
  3. Murphy v. BranamanIndiana Supreme Court · 1901
  4. Wabash Railroad v. YoungIndiana Supreme Court · 1900

3Cited by2 opinions

  1. Acme-Goodrich, Inc. v. NEAL, ETC.Indiana Court of Appeals · 1959
  2. Acme-Goodrich, Inc. v. NEAL, ETC.Indiana Court of Appeals · 1959

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