Kelley v. Kriess

Searls, C.

This is an action to obtain a perpetual injunction, restraining defendant from enforcing a certain judgment held by him against plaintiff.

Upon motion of counsel, defendant herein had judgment in the court below, upon the pleadings, from which plaintiff appeals.

Appellant makes the point that a motion for judgment on the pleadings, by the defendant, cannot be entertained in a case where no affirmative relief is demanded in the answer; that such is not the appropriate method of *212reaching the objection. that the complaint does not state facts sufficient to constitute a cause of action,…