Kinney v. Dodge

In this case the appellee, Dodge, the defendant below, has assigned here as cross error, that the appellant’s complaint does not state facts sufficient to constitute a cause of action. In the natural order of things, this cross error-should be fii^st considered; because, if the appellant had no-cause of action against the appellee, it is certain that the judgment below should be affirmed, without regard to any intervening error. This is settled by the decisions of this court. Fell v. Muller, 78 Ind. 507; Clawson v. Chicago, etc., R. W. Co., 95 Ind. 152.

In his complaint the appellant alleged…