§ 7-311 — TRIAL ON PLEADINGS

If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear, or fix a day for hearing, the argument of the case.

Legislative History

[(7-311) C.C.P. 1881, sec. 747; R.S., R.C., & C.L., sec. 4986; C.S., sec. 7263; I.C.A., sec. 13-311.]