Berghoff v. McDonald

Franklin, C.

This action was commenced by appellee against appellant in the Whitley Circuit Court, to recover two colts, where appellant filed a plea in abatement. Appellee, after demurring to that plea, was allowed by the court to amend his complaint, making new parties defendants Adam T. Mc-Ginley and Jacob Ruch. Appellant then filed a general denial and a special plea, and a change of venue was then taken by appellant to Kosciusko county. Issues were there formed by McGinley and Nueh, and by appellee’s filing a general denial to the special paragraph of Berghoff’s answer.

The record…