Furst v. Bury

This case was before this court on a former appeal from an order sustaining a demurrer hi the answer, at which time the order of the trial court was reversed. See same title, 61 S. D. 418, 249 N. W. 732, 89 A. L. R. 649. Following the filing of the opinion on the former appeal, the defendant moved for judgment on the pleadings. This is an appeal from an order of the trial court denying the motion for judgment.

As set forth in our former opinion, the answer pleaded new matter, not relating to a counterclaim, in avoidance of the cause of action stated in the complaint. Under the provisions of…