25 Ind. App. 536 | Ind. Ct. App. | 1900
—This was a suit to enforce assessments for the construction of a sewer in the city of Montpelier, known as the Green street sewer, in favor of the appellee Samuel A. Baxter, the assignee of the appellee Edwin J. Miller, the contractor, against three parcels of real estate owned by the appellant. There were three paragraphs of complaint, each relating to the assessment on one of the three parcels; otherwise the paragraphs were substantially alike. The appellant answered in five paragraphs, the first a general denial, each paragraph being addressed to the entire complaint. The action of the court in sustaining the demurrer of the appellee Baxter to each of the paragraphs of the answer except the first is assigned as error. It is also assigned that the court erred in not carrying back the demurrer of the appellee Baxter and sustaining it to the complaint.
The objections urged in argument against the complaint were like’those urged to the complaint in the case of Spauld
Counsel for appellant has discussed the question as to the sufficiency of the fifth paragraph of answer. The question thus presented was decided in Spaulding v. Baxter, supra; and, adhering to the conclusion reached by us in relation to the second paragraph of answer in that case, we must hold that the fifth paragraph of the answer now before us would have been a sufficient answer to a good complaint.
Judgment reversed, and cause remanded for further proceedings in accordance with this opinion.