Askew v. Askew

Wyatt, Presiding Justice.

1. (a) There was no error in overruling the demurrer to the answer on the ground that it showed on its face that defendant had no defense. The answer simply admitted that the amounts alleged as having been awarded as alimony were so awarded and denied all other allegations of the petition. The defendant then further alleged that he was unable to pay the sums alleged, and alleged the facts as to why he was unable to pay said sums. These denials and allegations, if true, as they must be taken to be on demurrer, would be a proper defense to the action. It was, therefore,…