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A Treatise on the Principles of Pleading in Civil Actions Under the New York Code of Procedure - Softcover
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. 1852 Excerpt: ...but within the language and letter of the Code. A slixim, that is a false, and an irrelevant, that is a foreign and palpably insufficient reply, may be struck out on motion under section 152. Judgment cannot be given for the defendant on striking out a sham and irrelevant reply, unless such reply also in terms admits matters set up in the answer which constitute a full defence to the action. Nor within the case of Darrow v. Miller1 can judgment on account of the frivolousness of the reply be given, unless the notice of motion specifies that the party will apply for such judgment. If the application is merely to strike out a defence, ('. e., an answer or reply), as sham or irrelevant, the motion is analogous, and the order will be similar to that of an application to strike out redundant and irrelevant matter under section 160. The sham or irrelevant reply will be struck out with costs, or on such terms as the court may impose, and the plaintiff be permitted, if a proper case is shown, to make a further reply, leaving the issues joined on the answer of the defendant to be tried. As to the nature of a sham, irrelevant, and frivolous defence, the distinction existing between such defences, and the mode of taking an objection to them, respectively, see ante, chap, v., section 6. Supplemental reply.--The plaintiff, under section I77 of the Amended Code, may be allowed on motion to make a supplemental reply alleging facts material to the case occurring after his former reply, or of which he was ignorant when his reply was made. This supplemental reply of new matter is also entirely analogous to a supplemental answer by the defendant to the plaintiff's complaint, and is governed by the same rules.1 A defendant was not allowed to make a supplemental answer contradi...
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- PublisherRarebooksclub.com
- Publication date2012
- ISBN 10 1235300625
- ISBN 13 9781235300622
- BindingPaperback
- Number of pages176
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