Worley v. Moore

Action by appellee to recover from appellant an amount of money paid through mistake and fraud upon a settlement of accounts.

Upon a former appeal, the judgment was reversed upon the insufficiency of the complaint. Upon a return of the case to the court below, the complaint was amended, and the venue changed from Monroe to Owen county.

Upon the former appeal, the first paragraph of the complaint was held bad because it did not aver that appellant had notice of the mistake before the commencement of the action. Worley v. Moore, 77 Ind. 567. As amended, it is averred in this paragraph that when…