Doughty v. Pallissard

An allegation in a complaint not denied by the answer is deemed not controverted thereby, and the silence of the pleader, is usually treated as an “ admission ” against him for the purposes of the action, “It is an ancient rule of pleading that each party tacitly admits all such traversable allegations. on' the opposite side as he does not traverse.” (Jones, The Law of Evidence [2d ed.], § 273 [275].). The literal provision of the governing statute, however, is that each material allegation of the complaint, not controverted by the answer, “ must be taken as true for the purposes of the…