South Camden Trust Co. v. Stiefel

Complainant has moved to strike out defendant's counter-claim as "sham and untrue."

By the 1915 supplement to our Chancery act (P.L. 1915 p. 185 § 4) legislative sanction is given to striking out, on notice, "any frivolous or sham defense." But no legislation or rule of court specifically contemplates a motion of that nature against either a bill or counter-claim. By the same act (P.L. 1915 p.195 §§ 54, 55) cross-bills are abolished, and any matter theretofore the proper subject of a cross-bill is authorized to be set up by a counter-claim, and a counter-claim is there defined as a…