Halliday v. Barber

The only question, it seems to us, presented • for determination is whether the amended answer is frivolous within the meaning of the Code, and the decisions enlarging upon the same.

Whatever agreement may or may not have been made by the parties, subsequent to the execution of the written lease, it became the right of defendant to have his sworn allegations passed upon by a jury, as questions of fact, however improbable these allegations may appear. The various matters set up, if true, would tend to establish a set-off against plaintiff’s claim. It is not whether a demurrer would lie, but…