Rusnak v. Doby

Prior to the trial and on October 15, 1941, the plaintiff, pursuant to section 322 of the Civil Practice Act, served a demand for admissions which included all the material allegations of the complaint. This demand was ignored by counsel for the respondent. It is clear from the concessions of counsel and from the form of the demand that it was not realized that sections 322 and 323 of the Civil Practice Act had been repealed, and that a new section 322 had been enacted in place thereof, effective as of September 1, 1941, and, moreover, that the penalty now provided in section 322 for failure…