Practice Reports In The Supreme Court And Court Of Appeals (volume 15)

Paperback | January 30, 2012

byNathan Howard

not yet rated|write a review
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858. Excerpt: ... Gregg agt. Reader and others. SUPREME COURT. John H. Gregg agt. William T. Reader and others. When an answer contains a mere denial of the allegations of the complaint, or of some of its material allegations, and is duly verified, it should never be stricken out. (The decisions pro and con upon this question reviewed) Judges should not be anxious to assume the responsibility of deciding questions of fact, as to the truth or falsity of an answer, in this way. Tioga Special Term, March, 1858. The answer in this case contains a denial of some, of the material allegations of the complaint, and the answer is verified according to the requirements of the Code, and the plaintiff moves to strike out the answer as a sham answer, on the ground that it is false. E. P. Hart, for motion. S. G. Hathaway, contra. Mason, Justice. Whatever may be said as to whether an answer which merely denies the allegations of the complaint, and is not verified, can be stricken out on motion as a sham answer under the Code, I am of opinion that an answer verified as required by the Code, when such answer merely denies the allegations of the complaint, or some of the material allegations thereof, cannot be stricken out as a sham answer. I am aware that there are adjudged cases under the Code, which hold the contrary doctrine, but the opinion prevails pretty generally with the justices of this court, and in all the districts thereof, except one, that such an answer cannot be stricken out as sham upon the allegation that it is false, as will be seen by a reference to the adjudged cases. (Davis agt. Porter, 4 How. R. 155; Barrow agt. Miller, 5 How. R. 247; Seward agt. Miller and Miller, 6 How. R. 312; White, Receiver agt. Bennett and others, 7 How. R. 59, 61; Livingston agt. Finkle and oth...

Pricing and Purchase Info

$38.95

Out of stock online

From the Publisher

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858. Excerpt: ... Gregg agt. Reader and others. SUPREME COURT. John H. Gregg agt. William T. Reader and others. When an answer contains a mere d...

Format:PaperbackDimensions:194 pages, 9.69 × 7.44 × 0.41 inPublished:January 30, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217740324

ISBN - 13:9780217740326

Look for similar items by category:

Customer Reviews of Practice Reports In The Supreme Court And Court Of Appeals (volume 15)

Reviews