Ragsdale v. Kennedy

HUSKINS, Justice.

The sole question for decision is whether the Court of Appeals erred in affirming judgment on the pleadings in favor of the plaintiff.

Judgment on the pleadings was granted in this case on the ground that defendants’ answer failed to state a valid defense. In reviewing that action by the trial court, the Court of Appeals held, and properly so, that defendants’ “first defense,” “second clefense”. and “fourth defense” raise no material issues of fact. We therefore put them aside.

The Court of Appeals treated defendants’ “third defense” as a counterclaim pursuant to Rule 8(c) of…