Dart v. McGraw

Peterson, Justice.

Plaintiff appeals from a judgment of dismissal entered pursuant to an order granting defendant’s motion to strike the reply as sham and frivolous and for judgment on the pleadings. The complaint alleges that defendant is indebted to plaintiff in the sum of $210, the balance due for the use and occupation of certain real property in Litchfield of which plaintiff is the record owner in fee. The answer consists of two paragraphs, the first a general denial, and the second as follows:

“Defendant alleges that the subject matter alleged in the complaint herein was fully adjudicated…