Walker v. Shelbyville & Rushville Turnpike Co.

Franklin, C.

— This was an action brought by appellee against appellants to recover tolls for passing over its turnpike road. A demurrer was overruled to the complaint, and appellants answered in three paragraphs: 1st, denial; 2d, special nul tiel corporation; 3d, general nul tiel corporation. The 3d was stricken out, and the 2d replied to by a denial. Trial by the court, finding for appellee, and, over a motion for a new trial, judgment was rendered for appellee for $50.50. The ei’rors assigned ixx this coux’t are:

1st. Overruling the demux’rer to the complaint.

2d. Overruling the motioxx for a…