Mitsch v. City of Hammond

Appellants filed their complaint against appellees in two paragraphs. By change of venue the cause was sent to the Jasper Circuit Court. Appellees’ (except Edward B. Bellamy, Clerk of Hammond) demurrer to the second paragraph of the complaint, which was treated as a demurer to each paragraph, was sustained. Appellants declined to plead further, and a judgment was rendered against them from which this appeal is taken.

The demurrer admits the truth of all matters well pleaded in the complaint.

This makes it necessary that we state the substance of the well pleaded material averments of the…