Potter v. Frail
New York Supreme Court
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
- Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851
- Greenfield v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1872
- People v. Northern RailroadNew York Supreme Court · 1869
- The People v. . Northern Railroad Co.New York Court of Appeals · 1870
- Bell v. YatesNew York Supreme Court · 1861
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Clark v. DillonNew York Court of Common Pleas · 1882
- Peterson v. RuhnkeSupreme Court of Minnesota · 1891