Bingham v. Board of Comm'rs of Marion Co.

In this action, the appellee was plaintiff, and the appellant was defendant, in the court below.

•To appellee’s original complaint, appellant’s demurrer, for the want of sufficient facts therein to constitute a cause of action, was sustained by the court below, in special term. Thereupon, the appellee filed what is *114termed the second paragraph of its complaint; but it is really the only complaint properly in the record, and it will be so treated and termed in the consideration of this cause.

In this complaint, the appellee alleged, in substance, that on the 1st day of March, 1874, the public…