City of Fort Wayne v. Rosenthal

Error is claimed in the sustaining of the demurrer to the second paragraph of the answer, and in the overruling of the motion for a new trial.

The answer referred to is nothing more than an argumentative denial of the indebtedness chai’ged in the complaint, and, if good, admitted of no proof which was not admissible under the general denial, which was also pleaded.

The principal question presented under the ruling upon the motion for a new trial is, whether the finding and judg*157ment of the court are in accordance with the law and the evidence.

There is no material dispute about the facts of the…