Risley v. Rumble

There is nothing to be gained by an extended discussion of the various questions raised by the first assignment of error. It is sufficient to say that, in attacking the complaint by a motion to make more specific, the defendants misconceived their remedy. (See §385 Burns 1914, §376 R. S. 1881.) The appropriate method of attack was by motion to strike out. §391 Burns 1914, §382 R. S. 1881; Pittsburgh, etc., R. Co. v. Nichols, Admr. (1921), 78 Ind. App. 361. It is only fair to say that counsel for the defendants were misled by the unintelligible language of §343a Burns’ Supp. 1921, Acts 1915 p.…