Chester v. Field
Chester v. Field
Opinion of the Court
The complaint contains the usual allegations in ejectment, and all that are necessary to quiet title. At the trial, and before any evidence was introduced, the plaintiff moved for judgment on the pleadings, claiming that the answer raised no material issue. There was no demurrer to the answer.
The motion was properly denied. If the action be considered as an action of ejectment, there is a specific denial of plaintiff’s alleged right of possession. It may be that the denial is too general, and that it would not stand the test on demurrer for uncertainty, but it is sufficient to raise an issue as to some portion of the property and to defeat a motion for judgment on the pleadings, assuming that such a motion would be good under any circumstances in an action of ejectment.
The prayer of the complaint is, that the defendants be
Upon the allegations of the complaint and this prayer the court would not have given judgment without evidence, if there had been no answer filed.
The judgment is affirmed.
McFarland, J., Works, J., and Thornton, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.