Lures v. Botte

Lures sued Botte for use and occupation of church property held by the plaintiff in trust for the Roman Catholic church at Valparaiso. The defendant answered, in addition Jo the general denial, claiming a set-off for money expended on the property occupied, and for services rendered as priest. The plaintiff’ replied to the set-off, in addition to the general denial, a former recovery, without making the former judgment a part of the reply, or averring thatsuchjudgmentwasstillinforce. The plaintiff requested the court to instruct the jury to find a special verdict. The verdict is as follows:…