149 Ind. 521 | Ind. | 1897
This action was brought by appellant to review a judgment obtained by appellee against appellant. Appellee’s demurrer to the complaint, for want of facts, was sustained, and, appellant refusing to plead further, judgment was rendered against ap
We need not, and do not, however, determine whether or not it is necessary, as insisted by appellee, to set forth in a complaint for review a copy of the part of the record sought to be reviewed, for the reason that,” conceding that it is not necessary, and that a copy of the same may be filed with the complaint as an exhibit, the coinplaint in this case was not, for ■other reasons urged by appellee, sufficient to withstand the demurrer for want of facts.
It is averred in the complaint that appellant filed a complaint in two paragraphs to recover damages for personal injuries inflicted by appellee upon appellant, and that the first paragraph charged that the injury was caused by appellee, whether willfully or negligently is not stated, and the second paragraph that said injury was willfully and intentionally inflicted upon appellant by appellee; that an answer in two paragraphs was filed, to the second of which appellant demurred for want of facts, which demurrer
So, in this case, we think the complaint should have stated so much of the complaint and answer, or the substance or nature or character thereof, as was necessary to present the question of the alleged error, without resorting to the exhibit filed with the complaint. It was necessary to set out so much of said second paragraph of answer, or the substance, nature,, or character thereof, as would show whether or not the same was a defense to both paragraphs of complaint to which it was addressed. No part of this second paragraph of answer, or the substance or nature or character thereof, was set forth in the complaint for review, and the court did not err, therefore, in sustaining the demurrer thereto.
Judgment affirmed.