
    Ford v. Wescott.
    A replication is not necessary to complete the issue, where it is fully joined by petition and answer.
    An answer merely in denial of the petition, is not to be taken as true.
    It is the affirmative, and not the negative allegations of an answer, that are admitted by a failure to deny the same by replication.
    
      Appeal from the Marshall District Court.
    
    Trespass guare clausum fregit. Answer denying specifically all tbe matters contained in tbe petition; in substance, tbe plea of not guilty. No replication was filed, and after tbe jury was sworn, defendant insisted tbat bis answer being unreplied to, must be taken as true, and objected to saxy testimony on part of plaintiff to sustain bis action. This objection was sustained, and there being no evidence, tbe jury under tbe direction of tbe court, found for defendant. And from tbe judgment thereon, plaintiff appeals.
    
      Curtis Bates and Samuel A. Bice, for tbe appellant.
    
      Jas. D. Templin and J. W. Woods, for tbe appellee.
   Wright, C. J.

This judgment must be reversed. A replication is not necessary to complete tbe issue, where- it is fully joined by petition and answer. An answer merely responsive to tbe petition, is not to be taken as true. It is tbe affirmative, and not tbe negative allegations of tbe answer, tbat are admitted, by a failure to deny tbe same .by replication.

Judgment reversed.  