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SEIDNER v. DILL

No. 20,110.

137 Ind. App. 177 (1965)

206 N.E.2d 636

SEIDNER v. DILL.

Court of Appeals of Indiana.

Filed April 30, 1965.

Attorney(s) appearing for the Case

Nelson G. Grills, of Indianapolis, for appellant.

Kitley, Schreckengast & Davis, of Beech Grove, for appellee.

BIERLY, P.J.

Charles Dill, appellee, brought this action in the Municipal Court of Marion County, Indiana, therein alleging that the defendant-appellant, Harold Seidner, maliciously and intentionally shot and killed plaintiff's dog. Defendant answered in compliance with Rule 1-3, and by filing a second paragraph of affirmative answer alleging:

"That a dog of unknown breed and unknown ownership was roaming over the country, unattended

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