Combs v. Johnson

Opinion by

MAXEY, C.

Plaintiff in error takes up the proposiion that the court erred in sustaining defendant’s motion for judgment on the pleading, and insists that for the purposes of said motion all the material allegations of plaintiff’s pleading must be taken as true, and only those allegations of defendant’s cross-petition may be taken as true as are by the answer of plaintiff to such cross-petition specifically admitted. In other words his proposition is, that where the answer denies material allegations in the complaint and an issue of fact is raised, it is error to grant a motion for…