Evans v. Clermont & Salem Gravel Road Co.

Complaint by the appellants against the •appellees, to enjoin the collection of assessments for gravel road purposes. Demurrer to the complaint for want of suifi■cient facts sustained, and exception. Judgment for defendants. The question presented is, whether error was committed in sustaining the demurrer. We may observe that the articles of association of the company are filed as an exhibit to the complaint, but as they are not the foundation of the action, they are not properly made an exhibit, nor can they be noticed as a part of the pleading. The Excelsior Draining Co. v. Brown, 38 Ind.…