Clesi v. Cooney

OPINION

CLAIBORNE, J.

Plaintiff obtained judgment against the defendant upon his answer.

The defendant appealed.

Paragraph “fourth” of Section 1 of Act 157 of 1912, p. 225, and of Act 300 of 1914, p. 611, and of Act 27 of 1926 reads as follows :

“At any time after the answer is filed the plaintiff may by rule submit to the court the question of his right to a judgment upon the petition and answer. For. the purpose of the trial of such rule all material allegations of fact contained in the petition and not.denied in the answer, and all allegations of fact contained in the answer shall be deemed and…