Reaves Lumber Co. v. Cain-Hurley Lumber Co.

Defendant, Reaves, appealed to the court of appeals from a judgment of $2,404 and $146.84 interest. That conrt reversed and dismissed the suit on the ground, not raised in the pleadings, that the fund which was the subject of the litigation was created by a transaction between these parties which was tainted with fraud; the legal maxim, “Ex dolo malo non oritur actio,” being given application. Petitioner, Cain-Hurley Lumber Company, here insists, first, that fraud is not shown by the record; second, that this issue is not made by the pleadings; and, third, that this being an action at law,…