Ohio & Mississippi Railroad v. Fitch

Dewit G. Fitch sued the Ohio and Mississippi railroad company for stock killed by the machinery of the corporation.

The defendant answered as follows:

1. The general issue.

2. That on the 9th of April, 1860, said railroad was put into the hands of one Alsop, as receiver, by the Circuit Court of the United States, sitting in the District of Indiana, in whose hands the road and its income still remained, and by whom the road was operated. No copy of the order or appointment was set forth, nor was the original filed.

A demurrer was sustained to this paragraph of the answer.

On the trial there was…