Smith v. Marley

This is an action to recover a balance upon three title-retaining notes. The pleading on behalf of appellants is entitled “Answer and Cross-complaint. ’ ’ It admits, 'by failing to deny, all of the allegations of the complaint, and the defense is in the nature of a confession and avoidance, under C. S., sec. 6694, which provides that the answer shall contain: “1. A general or specific denial of the material allegations of the complaint controverted by the defendant. 2. A statement of any new matter constituting a defense or counterclaim,” etc.

The answer, in effect, admits the execution of the…