A General Treatise on Pleading and Practice in Civil Proceedings at Law and in Equity Under the Code System; Designed for the Use of the Active Practitioner in All States and Territories in Which the Code System Has Been Adopted

A General Treatise on Pleading and Practice in Civil Proceedings at Law and in Equity Under the Code System; Designed for the Use of the Active Practitioner in All States and Territories in Which the Code System Has Been Adopted

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...and every alleation within certain folios, or any parts of the petition or complaint t at can be clearly specified, would be good as a eneral denial. 18 How. Pr. 240; 9 Abb. Pr. 39. It has been held in ew York, that a denial of each and every material allegation is evasive, and subject to a motion to make more certain. 19 Abb. Pr. 288. It is respectfully suggested, that such a general denial is good, especially outside of New York, and certainly ought to be good t iere also. Such a denial is in the very language of the code itself, and there is a long line of decisions to the effect, that only the material allegations need be denied; and no others are confessed by not answering. Where the defendant only states facts inconsistent with tliose alleged by the plaintiff, it does not constitute a denial. A mere counter-statement is not specifically denying)the allegations of the plaintiff. 44 Barb. 17 6; 21 Barb. 190; 13 How. r. 14; 4 Bosw. 392; 5 Duer, 393. 776. Denial of knowledge or information.---Under the code system, the denial of any knowledge or information sufiicient to form a belief as to the material allegations of the petition or complaint, makes a complete denial, and forms complete issues; and no other denial need be added. 13 How. Pr. 112; 7 Bosw. 670; 1 E. D. Smith, 554; 3 Abb. Pr. 3, 325; 12 How. Pr. 38; 8 How. Pr. 28. A denial of knowledge alone is not suflicient; nor is it sufiicient for the de fendant to state that he is ignorant as to whether the facts charged _ against him are true. 33 N. Y. 267; 15 How. Pr. 189; 1 E. D. Smith, 554. As to being ignorant, see 25 N. Y. 430; 3 Code R. 152. It will not do to alle, that defendant is not informed, and cannot state; nor will it do to a leve, that defendant does not know of...show more

Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236753364
  • 9781236753366