Hrdlicka v. Allen

This is an action to recover $1,230 alleged to be due the plaintiffs for calves sold and delivered to the defendant. After the jury had been sworn and opening statements made, the plaintiffs objected to the introduction of any evidence on the ground that the answer failed to state a defense. The trial court sustained the objection and entered judgment for the plaintiffs upon the pleadings. The defendant’s motion for new trial was overruled and he has appealed.

The appeal presents a very narrow issue. The question to be determined is whether the answer alleges any defense.

The petition alleged…