Lightcap v. Konovosky
Indiana Supreme Court
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
- Travelers' Insurance v. Prairie School TownshipIndiana Supreme Court · 1898
- Jamison v. Lake Erie & Western RailroadIndiana Supreme Court · 1897
- Murphy v. BranamanIndiana Supreme Court · 1901
- Wabash Railroad v. YoungIndiana Supreme Court · 1900
3Cited by2 opinions
- Acme-Goodrich, Inc. v. NEAL, ETC.Indiana Court of Appeals · 1959
- Acme-Goodrich, Inc. v. NEAL, ETC.Indiana Court of Appeals · 1959