WEST v. AURORA CITY


73 U.S. 139 (____)

6 Wall. 139

WEST v. AURORA CITY.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. T.G. Mitchell, for the plaintiff in error.

Mr. T.D. Lincoln, contra.


The CHIEF JUSTICE delivered the opinion of the court.

We think that the Circuit Court was clearly right in its action. The filing of the additional paragraphs did not make a new suit within the meaning of the Judicial Act. They were in the nature of defensive pleas, coupled with a prayer for injunction and general relief. This, if allowed by the code of Indiana, might give them, in some sense, the character of an original suit, but not such as could be removed from...

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