Wardens & Vestrymen of St. James Church v. Moore

Perions, J. —

Debt by Moore and. Dawes against the wardens and vestry of Si. James Church, Vincennes, Indiana. The declaration contained a special and the common counts. A general demurrer to the special count was overruled and interlocutory judgment upon it, for the plaintiff, entered. A jury tried the general issue upon the common counts, and assessed damages upon the special. Final judgment for the plaintiffs. The evidence is not upon the record. The only question in this Court arises upon the judgment of the Court below in over*290ruling the demurrer to the special count. That count was as…