170 Ind. 571 | Ind. | 1908
Works, which was named in the amended complaint as a defendant. The variance comes within the rule of idem sonans, and leaves no doubt as to the intendment. We do not regard the defect as jurisdictional, and shall treat it as waived. Landon v. White (1885), 101 Ind. 249. Thlatter observation also covers a defect in the naming of appellee.
The amended complaint was in two paragraphs, to each of which a demurrer was overruled. There was a finding for appellee on the first of said paragraphs, and a finding against it on the second. From the final decree which followed, appellants appeal. The only error we shall rule on is based on the overruling of the demurrer to the first paragraph of the amended complaint.-
Said paragraph alleges appellee’s exclusive control, management, maintenance and ownership of four bridges, having public and greatly used and traveled highways of said county leading to, from and over said bridges, one of which highways is a free macadam road; that three of said bridges are along a natural but non-navigable watercourse running through said county, while the fourth (known as the Parker bridge), which also leads across said stream, is a county-line bridge, and is owned in equal interests by the counties of Putnam and Morgan; that said bridges are of certain
Passing over for the present the question of joint county line bridges, as well as the matter of bridges for the building of which townships have voted aid, we shall proceed to consider the relationship of the county and the township to highway bridges over watercourses, built and maintained under the general statute.
Judgment reversed, with an order to sustain the demurrer to the first paragraph of the amended complaint.