Berkey v. City of Elkhart

The appellee brought this action against appellant to recover a penalty for the violation of a city ordinance. The action was commenced in the court of the city of Elkhart, and on appeal to the circuit court appellee recovered judgment against appellant. From the judgment of the circuit court an appeal was taken to the supreme court, and the cause was transferred by the latter court to this court. Berkey v. City of Elkhart, 141 Ind. 408.

The specifications of error assigned in this court are as follows:

t£l. The court erred in overruling the appellant’s demurrer to the complaint.

£ £ 2. The…