Flack v. O'Brien

An inspection of the proposed amended answer which the defendant asks leave to serve, leads me to deny the motion. The said proposed answer starts out by pleading admissions and denials of certain allegations of the complaint as a “ defense.” As strange as this may seem, it is not at all unusual. The science of pleading seems to be quite lost in this state. The distinction between a “ denial ” and a “ defense ” scarcely remains. The form of this proposed answer is as follows: .

“For a first defense:

He admits the allegations contained in the paragraph marked first in said complaint contained.”

*400Th…