Board of Commissioners v. Stout

This was a suit brought by the appellant board of county commissioners to enjoin the appellees from operating or interfering with the passenger elevator in the Vigo county court house.

A demurrer to the complaint having been overruled, the appellees answered in three paragraphs, the first being in general denial and the second and third setting up affirmative matter.

It is assigned as error that the court overruled appellant’s demurrer to the affirmative paragraphs of tho answer; and the sufficiency of these paragraphs io tho only question presented for our decision.

In the second paragraph of…