Willson v. Colorado & Southern Railway Co.

The motion of the C. & S. and D. B. & W. for judgment on the pleadings, or more properly speaking, as the record shows, for judgment by default for want of a reply, was based upon the ground that the respective replications of plaintiff, to the effect that all new mat*313ter in tlie answers of these defendants was denied, did not pnt in issue the affirmative defenses so pleaded. Such a denial is poor pleading and vulnerable to a motion to make more specific, — but as the replications were not so assailed they were sufficient to put in issue the affirmative averments of the respective answers to…