Louisville, New Albany & Chicago Railway Co. v. Balch

Zollars, J. —

Appellee brought this action to recover the value of a large amount of bridge timber, piling timber and railroad cross-ties, which he alleges appellant took and converted to its own use.

It is averred in the complaint that appellee was the owner of such timber and ties, located along the line of appellant’s road in the counties of Carroll, Clinton, Boone, Hamilton and Marion, and that he was unable to give a more particular description of the exact location, because of the loss of a memorandum. A motion to make the complaint more certain as to the location of the property was…