Engel v. Bugbee

Appeal from a judgment in favor of the defendants, entered upon an order for judgment made on a motion by defendants for judgment on the pleadings. The pleadings consisted of the complaint, an answer by the defendant Bugbee, an answer by the defendants Hasty and Beem, and a reply to each of such answers.

We think the court erred in the order for judgment. The respondents, in support of the order, make two propositions: First, that the complaint is insufficient; second, that the answers contain allegations of new matter sufficient to entitle defendants to judgment, which allegations are not…