16 Ind. 106 | Ind. | 1861
Application for an assessment of damages by the proprietor of an existing mill. The writ for the assessment was issued, the damages assessed under it, and the return made to the next term of the Court. At that term a demurrer was filed to the complaint in the case, the demurrer sustained, and the suit dismissed. The complaint stated facts making a cause of action. The demurrer was wrongly sustained. The complaint was carelessly drawn, but no motion touching it was made. The statute authorizes the writ in
The judgment is reversed, with costs. Cause remanded, &e.