14 Ind. App. 398 | Ind. Ct. App. | 1896
The parties to this action were husband and wife. The appellee sued the appellant, and he filed an answer in denial, and another paragraph in which he claimed $500 for work and labor done on the appellee’s farm, and for taxes paid thereon.
The cause was tried by the court and a special finding made, on which conclusions of law were stated and judgment rendered in favor of appellee.
It is sufficient for the purposes of this case to say that the second paragraph of the answer is insufficient in law. It declares upon an implied contract only. In the case of Harrell v. Harrell, 117 Ind. 94, this language is
The appellant also complains of the action of the court in taxing all the costs to him. But as no motion to retax costs or to modify the judgment was made, the questions are not properly presented.
Judgment affirmed.