Hord v. Village of Montgomery

This was an action of assumpsit brought by the appellee against the appellant and Lucas Broadhcad. The declaration contains only the common counts—plea of general issue filed by appellant, Broadhcad not being served with process, and stipulation that all defenses may be put in thereunder as fully and completely as if specially pleaded. Jury waived and issues submitted to the court. The court found the issues for the appellee and gave judgment, from which judgment this appeal is taken. Various errors are assigned. The appellant and one Lucas Broadhcad are the owners of the mill, mill-dam and…