Levine v. Behn

The fifth paragraph of rule 113 of the Rules of Civil Practice merely requires a “ defense ” which is sufficient as *157a matter of law. In the light of the intent and purpose of rule 113 we think this should not be restricted to an affirmative defense only but as applied to that rule embraces matter provable under a general denial if founded upon facts established prima facie by documentary evidence or official record. We find no sound reason for applying a narrow definition of the word “ defense ” to the provisions of a rule of practice remedial in nature and designed to make more efficient the…