Whitehead v. Johnson

[No. 6792.] Whitehead v. Johnson. Pleadings — Motion for Judgment — A motion for judgment on the pleadings cannot be converted into a demurrer to the complaint. , . ... Error to Denver District Court — Hon. JOHN ,1. Mullins, Judge. Mr. Andrew Whitehead, Pro Se.' Plaintiff in error brought suit to recoved diam-ages from defendant in error for the alleged failure of the latter to carry out the terms of a contract or option for the sale of certain shares of stock to plaintiff. To the complaint the defendant filed a general demurrer, which was overruled. The defendant answered, and then moved for a judgment on the pleadings, which was simply a demurrer to the complaint, upon the ground that it did) not state facts sufficeint to constitute a cause of action. This motion was sustained. Plaintiff has brought the case here for review on error. [MAJORITY — Mr. Justice Gabbert] Mr. Justice Gabbert delivered the opinion of the court: ■A motion for judgment on the pleadings cannot be converted into a general demurrer to the complaint. —Shuler v. Allam, 45 Colo. 372; Harris v. Harris, 9 Colo. App. 211; Mills v. Hart, 24 Colo. 505; Hoover v Horn, 45 Colo. 288; Rice v. Bush, 16 Colo. 484. The judgment of the district court is reversed and the cause remanded. Reversed and Remanded. Mr. Justice Musser and Mr. Justice Hill concur.