Louisville, New Albany & Chicago Railway Co. v. Henly

Franklin, C.

— Appellees sued appellant in the Monroe-Circuit Court, upon a contract to run an excursion train of cars from Mitchell, in Lawrence county, to Indianapolis, in Marion county, Indiana, and return. The complaint was in two paragraphs. The first was a general paragraph for money had and received for their use; the second was upon the special contract. A demurrer is claimed to have been overruled to each of the paragraphs. A motion to make the first paragraph more specific was also overruled.

The plaintiffs with their complaint filed interrogatories to-be answered by the defendant.…