Daniels v. Harney

Plaintiff sued to quiet title to certain moneys in the possession of a special administrator. A second cause of action for money had and received is not involved in the appeal. A judgment on the pleadings was entered in favor of the plaintiff on the first cause of action.

The appellant argues that the judgment on the pleadings was error because disputed issues of fact were raised in the answer. The disputed issues were issues of law only. The answer admitted that respondent and her husband held three bank accounts in joint tenancy; that, on October 13, 1948, Shull Daniels withdrew all said…