30 Ind. 331 | Ind. | 1868
This cause was commenced before a justice of the peace. Mary Jane Cook and Daniel Cook wore plaintiffs and Peter Garner was defendant. The complaint filed was a promissory note payable to Mary Jane Coghill executed by the defendant, was without indorsement, and there was no express averment showing that the plaintiffs
An answer that the consideration of the note ivas the compromise of a bastardy case, and that the mother of the child, the payee, was an infant, not showing whether or not satisfaction with the compromise was subsequently acknowledged by her in court, was not sufficient, and there was no error in sustaining a demurrer to it, or in first striking out a part of it. The minority-of the woman was unimportant, as the defendant could not avail himself of it; and if the compromise was not consummated by the necessary proceeding in court to make it obligatory, that fact should have been alleged.
The judgment is affirmed, with costs.