Jamison v. Lake Erie & Western Railroad

This action was brought by appellant to review a judgment obtained by appellee against appellant. Appellee’s demurrer to the complaint, for want of facts, was sustained, and, appellant refusing to plead further, judgment was rendered against ap*522pellant. The only error assigned calls in question the action of the court in sustaining the demurrer to the complaint. Appellee insists that under the provisions of section 365, Burns’ R. S. 1894 (362, R. S. 1881), it is only when a pleading is founded upon a written instrument or account that the same can be made a part of the pleading by filing the…