Filed Date: 11/10/1911
Status: Precedential
Modified Date: 11/12/2024
' At least two material allegations of the plaintiff’s complaint were specifically denied in the answer, thus putting the plaintiff to proof of those allegations upon the trial before he could recover. For that reason alone, judgment upon the pleadings was improperly granted.
Judgment reversed, and new trial ordered, with costs to appellant to abide the event.