Stuckey v. Bank of Trumann

I would agree that a decree rendered only upon the evidence heard by the court after all parties had rested should be affirmed. I cannot agree, however, that either the judgment on the pleadings in favor of Vandiver or the sustaining of the bank’s demurrer was proper.

A motion for judgment on the pleadings is nothing more than a belated demurrer. Walker v. Von Wedel, 108 Okla. 292, 237 P. 86 (1925); Hirt v. Bucklin State Bank, 153 Kan. 194, 109 P. 2d 171 (1941); State v. Skagit River Navigation & Trading Co., 181 Wash. 642, 45 P. 2d 27 (1935); Art Bronze & Iron Works v. Beaman, 199 N. C. 537,…