Smith v. Gratz

Hawes, J. —

The motion is for judgment on the answer as frivolous. The answer denies having any knowledge or *275information sufficient to form a belief as to any or all the allegations in the complaint contained and, therefore, denies the same, except as hereinafter specifically admitted. The facts which were specifically admitted having been demurred to the plaintiff moves'for judgment on this general denial, relying upon the case of McEnroe agt. Decker (58 How., 250). The form of pleading here used is one well known to the profession and has been sanctioned for years. That it is evasive must be…