68 Ind. 362 | Ind. | 1879
Complaint by appellant, against the appellees, as follows:
J esse Githens, plaintiff, complains of Samuel J. Kimmer, John Lively and John R. Eohl, defendants, and says, that heretofore, to wit, on the 10th day of November, 1874, in a cei’tain action then pending in the Circuit Court of Eayette county, Indiana, the defendant John Lively recovered a judgment, by default, against this plaintiff, and, by issue and trial, against defendants Kimmer and Eohl, in the sum of two hundred and one dollars and seventy cents ($201.70), together with costs of said action taxed at fifty dollars ($50). A copy of said judgment is filed with and made a
Kimmer demurred to the complaint for want of sufficient facts to constitute a cause of action against him ; the demurrer was sustained and exception entered. Judgment for the defendant.
The court erred in sustaining the demurrer to the complaint. Joyce v. Whitney, 57 Ind. 550.
The judgment is reversed, with costs. Cause remanded, with instructions to the circuit court' to overrule the demurrer to the complaint, and for further proceedings in accordance with this opinion.