Brunson v. Little Rock Road Machinery Co.

George Rose Smith, Justice.

This case is unusual in that the chancellor entered judgment for the plaintiff upon the pleadings alone, without hearing any evidence and without resort to our summary judgment procedure. Our rule is that such a judgment should be entered only if the pleadings, construed liberally in favor of the defendants, show on their face that there is no defense to the suit. Reid v. Karoley, 229 Ark. 90, 313 S. W. 2d 381 (1958). Here the appellants insist that their counterclaim presented questions of fact that should have been heard in the trial court.

The litigation arises…