National Surety Co. v. Mulligan

The opinion of the court was delivered by

Walker, Chancellor.

This is an appeal from a judgment of the Supreme Court entered upon striking out defendant’s answer. The plaintiff moved to strike it out "on the ground that said answer is false, sham and frivolous and interposed solely for the purpose of delay.”

A plea cannot be both sham and frivolous. It is either sham or frivolous. A sham plea is one good on its face but false in fact; a frivolous plea is one which on its face sets up no defense, although it may be true in fact. In re Beam, 93 N. J. Eq. 593; Fidelity, &c., Co. v. Wilkes-Barre,…