Darlington v. Reilly

Smith, P. J.,

This matter comes before the court on plaintiff’s preliminary objections to the new matter contained in the answer of defendants.

Under Equity Rule 52, defendant may, under the specific heading “New Matter”, “aver such additional facts, having a direct relation to any of the causes of action set forth in the bill, as he believes will entitle him to affirmative relief against plaintiff, and such other facts as may tend to invalidate an anticipated defense on plaintiff’s part; and, either with or without setting forth additional facts, may pray such relief as he shall deem himself…