· 11/19/1951
Welborn v. Morley
Citations
- 219 Ark. 569
- 243 S.W.2d 635
- 1951 Ark. LEXIS 566
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- in considering sufficiency of allegations in complaint to which defendant has defaulted, we resolve all doubts in favor of plaintiff, as we would on motion to dismiss for failure to state claim
- allegations in complaint that the parties had an agreement and that the defendant refused to pay pursuant to the agreement were sufficient to state a cause of action for breach of contract and were deemed admitted by the defendant’s default
- \Res judicata is an affirmative defense that must be raised in a timely filed responsive pleading.\ The defendant's failure to assert res judicata as an affirmative defense in an answer or a motion prior to suffering a default judgment acted as a waiver of the defense.
Source: CourtListener parenthetical corpus (CC0).
Judges: Holt
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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