Seibert v. Herring

The plaintiff in error sets up as his principal assignment of error the rendering of judgment in favor of Herring for the sum of $1,200, with interest thereon, claiming that the value of the truck was a question of fact upon which he should have been allowed to introduce evidence prior to the rendering of judgment.

With this conclusion we are in accord. The case was submitted upon demurrer, and the admissions of fact made by counsel for the receiver were made for the purpose of the legal argument upon demurrer. Hence the facts set forth in the cross-petition and demurrer were not admitted by…