Prince v. Freeman

BRICE, Chief Justice.

The question is whether the trial court erred in sustaining the appellee’s (plaintiff’s) motion for judgment on the pleadings.

In making such motion the plaintiff admitted that all of the controverted allegations in his complaint were untrue and that all well pleaded material allegations in the answer were true. Mammoth City v. Snow, 69 Utah 204, 253 P. 680.

The undenied allegations of fact contained in the complaint are as follows:

The parties are residents of the State of New Mexico. On the 23rd day of June, 1938, they entered into a contract of marriage which was…