52 Neb. 684 | Neb. | 1897
The Culbertson Irrigating & Water-Power Company seeks by this proceeding in error to reverse a judgment of the' district court of Hitchcock county rendered against it in favor of A. B. Cox. Cox sued the irrigating company for a balance due him on a contract for labor performed by him in constructing a ditch for said -irrigating company. For a defense the irrigating company alleged that it had paid Cox for all labor performed by him under the contract sued on. There was no reply to this answer.
Section 134 of the Code of Civil Procedure, among other things, provides that every material allegation of new matter in the answer not controverted by the reply.
Reversed and remanded.