Lockhart v. . Lockhart

The case comes to us upon appeal from a judgment on the pleadings in favor of the defendant. The ruling of the court below was bottomed upon the view that as a matter of law plaintiff could not maintain his action, and that there was no issuable fact to be tried by a jury. C. S., 556.

A judgment on the pleadings, in favor of the defendant on an affirmative defense, can be approved only when the allegations of facts contained in the plaintiff’s pleadings and relevant inferences of fact deducible therefrom, construed liberally in his favor, fail in all material respects to make ont a case. Adams…