Legal Opinion

Potter v. Frail

New York Supreme Court

Decided May 15, 1884PublishedCited by 2 opinions

1Opinion of the CourtFollett, J.

— The plaintiff moves for an order correcting the answer upon the ground that the denials interposed are not authorized by Code of Civil Procedure (sec. 500). The answer “ denies each and eveiy allegation, averment and statement thereof, except such as are hereinafter admitted, qualified and explained.”

If any rule of pleading- can be settled by legislative enactment, and by a long line of judicial decisions, it must be regarded as settled that a denial in this form is bad whenever *446the objection is raised by demurrer or special motion (Code Civil Pro., sec. 500; People agt. Northern R. R. Co.,…

2Cases cited8 opinions

  1. Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851
  2. Greenfield v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1872
  3. People v. Northern RailroadNew York Supreme Court · 1869
  4. The People v. . Northern Railroad Co.New York Court of Appeals · 1870
  5. Bell v. YatesNew York Supreme Court · 1861

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3Cited by2 opinions

  1. Clark v. DillonNew York Court of Common Pleas · 1882
  2. Peterson v. RuhnkeSupreme Court of Minnesota · 1891

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