Robertson v. Rockland Cemetery Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sarah P. L. Whiton, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of April, 1900, denying her motion to compel the plaintiffs attorney to accept her amended answer.
1Opinion of the Court
Van Brunt, P. J.:
The complaint alleged two causes of action. The answer positively denied some of the allegations in the complaint and denied others upon information and belief, and also set up an affirmative defense. This answer was, upon a motion being made, stricken out by the court as sham, by what authority we are unable to discover, as it is a well-settled rule that an answer raising the general issue *192• cannot be stricken out as sham. Leave to amend, however, having been given, the defendants did no.t appeal, hut served an amended .answer, also raising the general issue and setting up…
2Cited by7 opinions
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- Mann v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Anello v. KussNew York Supreme Court · 1956
- Blum v. BruggemannAppellate Division of the Supreme Court of the State of New York · 1901
- Blum v. BruggemannAppellate Division of the Supreme Court of the State of New York · 1901
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