Wilson v. State ex rel. Rhine

This was a proceeding by appellee to enforce the payment of a ditch assessment.

The appellant filed an answer of general denial, together with an affirmative answer. To the second paragraph of answer, being the affirmative matter, a demurrer was sustained with an exception.

This ruling of the court is assigned as error, and argued in this court, and the sufficiency of the answer is the only question argued in appellant’s brief.

*697Filed Feb. 15, 1894.

The answer is identical with that passed upon by the Supreme Court in the case of Racer v. State, for Use, 131 Ind. 393.

The pleading was in that case…