Kelley v. City of Crawfordsville

Indiana Court of Appeals

Kelley v. City of Crawfordsville

41 N.E. 393, 14 Ind. App. 81, 1895 Ind. App. LEXIS 330

CourtIndiana Court of Appeals

DecidedSeptember 20, 1895

DocketNo. 1,767

StatusPublished

This text of 41 N.E. 393 (Kelley v. City of Crawfordsville) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kelley v. City of Crawfordsville, 41 N.E. 393, 14 Ind. App. 81, 1895 Ind. App. LEXIS 330 (Ind. Ct. App. 1895).

Pincite

Opinions

Gavin, J.

Appellant’s argument relates solely to the error of the trial court in sustaining a demurrer to one paragraph of its answer by which it sought to test the validity of the city ordinance upon which the prosecution was based.

In its opinion transferring the case to this court, 40 N. E. Rep. 1082, and in the decision upon which that opinion is founded, Berkey v. City of Elkhart, 141 Ind. 408, the supreme court expressly adjudged that the question presented by counsel was not properly raised by the answer, because all matters available under this answer might have been given in evidence without any plea and any error, in sustaining the demurrer was harmless.

The judgment is therefore affirmed.

Filed December 17, 1895.

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