Simpson v. Dufour

— This case is here for the second time, and is reported in 95 Ind. 302. The material facts, as disclosed by the complaint, are set out in the complaint as copied in the above report, and need not be repeated here. Upon a return of the cause to the Switzerland Circuit Court a substituted complaint was filed, and the appellant, as the then sheriff of the county, was substituted for Anderson, as plaintiff.

The appellee Dufour filed an answer consisting of nine paragraphs, to all of which the court sustained a demurrer, except the first and eighth. The eighth paragraph avers, substantially, that…