Reports of Cases Argued and Determined in the Supreme Court of Judicature of the State of Indiana by Horace E. Carter Volume 65 baixar o livro de graça

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1879 Excerpt: ... Scheible v. Law. which motion the court overruled, to which ruling the defendant excepted at the time, and filed his bill of exceptions, which was then and there signed and sealed, July 8th, 1875. An appeal was duly prosecuted to the Supreme Court by the defendant, in which court he has assigned errors as follows: 1. Overruling the demurrer to the complaint; 2. Overruling the demurrer to the second paragraph of reply; 3. Overruling appellant's motion for judgment on special findings of the jury; 4. Overruling motion for a new trial; 5. Overruling motion to strike out; 6. Overruling motion to strike out. We proceed to consider the errors assigned. The demurrer was properly overruled to the complaint. Damage for special injury from a public nuisance may be recovered by an individual. Pettis v. Johnson, 56 Ind. 139. See Helwig v. Jordan, 53 Ind. 21; Mansur v. Haughey, 60 Ind. 364; Haag v. The Board, etc., 60 Ind. 511. The complaint in this case contained much surplusage, but it contained allegations showing a cause of action, and the surplusage did not vitiate it. If the court erred in overruling the demurrer to the second paragraph of the reply, as to which we express no opinion, the. error was harmless. The deed, made an exhibit in the answer, did not, by its terms, authorize the grantee to raise a dam to a height that would create a nuisance, by overflowing the lands of the grantee adjoining those conveyed. The case of Howard v. Bates, 8 Met. 484, is not at all in point The court did not err in rendering judgment on the general verdict. The law is, that " When a trial by jury has been had, and a general verdict rendered, the judgment Scheible v. Law. must be in conformity to the verdict," (2 R. S. 1876, p. 186, sec. 370, ) unless there has been, also, a spec...