HAWK v. BAVARIAN MOTOR WORKS

SC 1878.

342 So.2d 355 (1977)

Charles W. HAWK v. BAVARIAN MOTOR WORKS et al.

Supreme Court of Alabama.

February 4, 1977.


Attorney(s) appearing for the Case

John T. Roach, Jr., Birmingham, for appellant.

L. Murray Alley and W. Stancil Starnes, Birmingham, for appellees.


EMBRY, Justice.

The issue in this case is whether, in all circumstances, the failure to file a written denial of a pleading to which a response is required, under Rule 8(d), ARCP, admits the allegations of that pleading where the issues tried are embraced in prior pleadings that were responded to in writing.

Under the facts in this case we find defendants' failure to file written denial of plaintiff's added count to his complaint, where the issues presented...

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