Walling v. Bown
Idaho Supreme Court
APPEAL from District Court of Elmore County. Honorable Kirtland I. Perky, Judge. Prom a judgment on the pleadings in favor of the plaintiff as prayed for in the complaint, defendants appeal. The motion for judgment on the pleadings admitted the truth of all the facts averred in the answer.
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APPEAL from District Court of Elmore County. Honorable Kirtland I. Perky, Judge. Prom a judgment on the pleadings in favor of the plaintiff as prayed for in the complaint, defendants appeal. The motion for judgment on the pleadings admitted the truth of all the facts averred in the answer. “The motion for judgment on the pleadings confesses the facts to be as there stated and is equivalent to a general demurrer to the answer;”(Taylor v. Palmer, 31 Cal. 240; 11 Eney. of PL & Pr. 104G.) cite no authorities upon the point decided.
1Opinion of the CourtAilshie, J.
This action was commenced in the probate-court of Elmore county, and defendants, Charles Bown and L. L. Ormsby, filed á general demurrer which wás, presumably, overruled and an answer was thereafter-filed. The cause went to trial and judgment was entered in favor of the plaintiff. Defendants appealed to the district court and the record recites that “the original complaint was amended and the amended answer was filed by leave of the court”; but the record does not contain anything purporting to he an amended complaint. *185After the amended answer was filed the plaintiff moved the court for…
2Cases cited2 opinions
- Sweet v. BallentyneIdaho Supreme Court · 1902
- Sifers v. JohnsonIdaho Supreme Court · 1901
3Cited by18 opinions
- M. Snower & Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1944
- Davenport v. BurkeIdaho Supreme Court · 1915
- Walling v. BownIdaho Supreme Court · 1904
- Chemung Mining Co. v. HanleyIdaho Supreme Court · 1904
- Mills Novelty Co. v. DunbarIdaho Supreme Court · 1906
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