Board of Commissioners v. Kimberlin

In this case the court sustained the demurrers of appellee Kimberlin, the defendant below, to each of the six paragraphs of appellant’s complaint. Appellant excepted to these rulings, and failing to amend or plead further, judgment was rendered, that appellant take nothing by its suit, and that appellee recover his .costs.

Appellant has here assigned, as separate errors, the sustaining of appellee’s demurrers to each of the six paragraphs of its complaint.

The suit was commenced by appellant in the Tipton Circuit-Court ; but, before any ruling or decision was made therein, Tipton county being…