Barker v. O'Grady

The defendant is entitled to a reply to the new matter set up in his answer alleging that the contract sued upon is void under the Statute of Frauds. There is no allegation in the complaint as to whether the contract in question is oral or in writing and the defendant is entitled to a reply to his defense that the contract comes within the Statute of Frauds. Section 516 of the Code of Civil Procedure does not define the cases in which a reply to new matter may be ordered but leaves it to the discretion of the court. There is no general rule applicable to all cases defining the limitations of…