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167 Ind. 428

American Express Co. v. State

Indiana Supreme Court

Decided November 27, 1906

Indiana Supreme Court · decided 1906-11-27

<p>Appeal and Error.—Answer.—Sustaining Demurrer to Paragraph.—Facts Provable Under Another.—It is harmless error to sustain a demurrer to a paragraph of answer whose facts are provable under another paragraph.</p>

Cited by 2 later decisions — most recently November 1931

2 state decisions

Relies on Tomlinson v. Bainaka · Adams Express Co. v. State

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1906-11-27

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Monks, J.

¶1This action was brought by the State against appellant to recover the penalty of $500 for an alleged violation of certain provisions of the act of March 1, 1901 (Acts 1901, p. 149, §§3312b-3312f Burns 1901). An answer in six paragraphs was filed. Appellee’s demurrer for want of facts was sustained to the second, third, fourth, fifth, and sixth paragraphs of said answer.

¶2A trial of said cause resulted in a special finding and judgment in favor of appellee for $500 and costs.

¶3*429If the second, fifth, and sixth paragraphs were each sufficient to withstand the demurrer for want of facts, a question we need not and do not decide, it was because each of said paragraphs was good as an argumentative denial. All the evidence, if any, admissible under said paragraphs of answer was admissible under the first paragraph of said answer, which was a general denial. It follows that the error, if any, in sustaining the demurrer to said second, fifth, and sixth paragraphs of answer was harmless. Tomlinson v. Bainaka (1904), 163 Ind. 112, 115, 116, and cases cited.

¶4The questions presented in this case are substantially the same as those involved and decided in Adams Express Co. v. State (1903), 161 Ind. 328; American Express Co. v. Southern Ind. Express Co. (1906), ante, 292, and American Express Co. v. State (1906), ante, 319, and upon the authority of those cases this case is affirmed.

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