Smith v. David

(After stating the foregoing facts.) The trial judge rendered final judgment, granting the relief prayed by the plaintiff, and denying that sought by the defendant and intervenor, upon the pleadings without the introduction of any evidence. This could only be done upon the theory and assumption that the facts pleaded by the defendant and intervenor were to be taken as true, and’authorized the relief prayed by the plaintiff, and did not entitle the defendant and intervenor to the relief prayed by them. We think it clear that the trial judge did not undertake to pass upon disputed issues of…