Davidson Investment Co. v. Dabney

BURNELL, J., pro tem.

The defendant, appealing from a judgment on the pleadings, seeks a reversal thereof upon three grounds: First, that material issues were raised by his answer; second, that the pleading of affirmative matter as a defense barred the plaintiff from taking such judgment, and third, that the refusal of the court to allow him to amend his answer was reversible error.

The complaint is in the form common to actions in claim and delivery. It alleges the ownership and right of possession in the plaintiff of a certain automobile, that the value thereof is $1500, that the same is in…