Manufacturers' Bank of Rochester v. Hitchcock

T. R. Strong, Justice.

The provision of § 152 of the Code, for striking out sham answers, confers no new power, but is simply declaratory of a power which the court before possessed. It is a power to prevent the perversion and abuse of the forms of presenting defences, designed to promote and secure justice, to the mere purpose of embarrassment, expense and delay, and consequent injustice. This power is essential to the character of the court as a tribunal of justice, the protection of its suitors from wrong, and an efficient, speedy and just administration of the laws ; add is inherent in the…