Legal Opinion

Littlejohn v. Greeley

New York Supreme Court

Decided February 15, 1861PublishedCited by 1 opinion

Motion to strike out answer. The substance of the answer is stated in the previous report of this case. (Ante, 41.) .

1Opinion of the CourtAllen, J.

—Section 152 of the Code authorizes “sham and irrelevant answers” to be stricken out on. motion. A “ sham” answer is one that is false in fact. What is an irrelevant answer is not so well settled. But, as a sham answer is one good in form but false in fact, and put in in bad faith, the term “ irrelevant,” in the same connection, must have been used to describe another class of answers equally unauthorized and mischievous, and put in from the same improper motives." When part of, an answer is spoken of as irrelevant, we know what is intended. It is, that the matter alleged to be irrelevant is…

2Cases cited7 opinions

  1. Woods v. MorrellNew York Court of Chancery · 1814
  2. Blake v. EldredNew York Supreme Court · 1858
  3. Nichols v. JonesNew York Supreme Court · 1852
  4. Van Benschoten v. YapleNew York Supreme Court · 1855
  5. Harlow v. HamiltonNew York Supreme Court · 1851

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3Cited by1 opinion

  1. Krewson v. PurdomOregon Supreme Court · 1884

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