Town of Monticello v. Fox

Black, J. —

A demurrer to the second and third paragraphs of the appellant’s answer was sustained j but the appellant was not injured by this action of the court, for the material matters alleged in these paragraphs were admissible in. evidence, and were admitted under the first paragraph of answer, which was the general denial.

The appellant’s motion for a new trial was overruled, and we have examined the evidence.

The facts of the case, stated as briefly as may be, were as follows:

The appellees owned two lots in the town of Monticello, adjoining the western boundary of. the town. A street,…