City of Huntingburg v. State Ex Rel. Olinger

Action by appellee against appellants.

The complaint is in two paragraphs: The first paragraph is for a mandate against the appellant city and also against its mayor and five members of its common council, individually. The amended second paragraph is in tort against the city alone.

The city (appellant) filed its separate plea in abatement to both paragraphs of complaint to which appellee’s demurrer for want of facts was sustained. Appellants then filed their separate and several demurrers for want of facts to the first paragraph of complaint, and a similar demurrer to the second paragraph. The…