Naylor v. Eastman Nat. Bank

The Eastman National Bank brought suit in the district court of Kay county against D. L. Naylor et al., and after issues were joined it filed its dismissal of the action, which the court held effective over defendant’s objection, and defendant appealed.

The pleadings in the case consisted of the plaintiff’s petition and the defendant’s answer, in which he asked no affirmative relief, but in which he set up new matter sufficient to constitute a complete defense and which new matter was not denied by the plaintiff in a reply. The defendant thereupon filed a motion for judgment upon the…