People v. McCumber

Hogeboom, Justice.

The language of the Code, (§ 152,) is without qualification, that “ sham and irrelevant answers and defences, may be stricken out on motion.” It does not, therefore, seem proper to limit its application to answers and defences setting up new matter. Nor would this accomplish the object doubtless intended by the legislature, to wit, to uproot defences not resting on truth and good faith. Improper delays and contrivances to defeat justice may be as effectually carried out through the agency of pleadings containing mere denials of the plaintiff’s allegations, as by those…