Sim v. Hurst

This was a complaint by the appellees, twenty in number, against the appellants, to enjoin the collection of certain assessments made for the construction of a turnpike or gravel road, under the act of March 6th, 1865, Acts 1865, p. 90, 3 Ind. Stat. 534. There was a demurrer to the complaint, which was overruled. A motion was then made to strike out parts of the complaint, which was sustained in part and. overruled as to the residue. The defendants then again demurred to the complaint, for the reason that it did not state facts sufficient to constitute a cause of action. The demurrer was…