Stelling v. Richmond County

1. Where the plaintiff’s cause of action is based upon a statutory provision, his evidence must show compliance with all the conditions precedent to his right to recover as set up by the statute relied on. Universal Credit Co. Inc. v. Citizens State Bank of Petersburg, 224 Ind. 1 (4) (64 N. E. 2d, 28, 168 A.L.R. 352).

2. This rule is not abrogated or its force impaired by the fact that the plaintiff’s petition alleging generally compliance with the statutory prerequisites has been held by this court to state a cause of action as against demurrers thereto filed by the defendant.

3. Consequently,…