 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1870 - 840 страница
...allegation of new matter in the answer not relating to a counter claim or set-ofl', or of new matter in a reply, is to be deemed controverted by the adverse...direct denial, or avoidance, as the case may require ; and by the preceding sentence of said section, a reply is allowed only to a counter claim or set-off,... | |
 | New York (State). - 1850 - 920 страница
...But the allegation of new matter in the answer not relating to a counter claim, or of new matter in a reply, is to be deemed controverted by the adverse...direct denial, or avoidance, as the case may require. Amended Code, § 168. § 665. A material allegation in a pleading, is one essential to the claim or... | |
 | New York (State). Commissioners on Practice and Pleadings - 1850 - 898 страница
...relating to a counter claim, or of new mat ter in a reply, is to be deemed controverted by the ad verse party, as upon a direct denial, or avoidance as the case may require. Amended Code, § 168. § 665. A material allegation in a pleading, is on( essential to the claim or... | |
 | Kentucky - 1851 - 544 страница
...allegation of new matter in the answer, not relating to a counter-claim or set-off, or of new matter in a reply, is to be deemed controverted by the adverse...direct denial or avoidance, as the case may require. Allegations of value, or of amount of damage, shall not be considered as true, by the failure to controvert... | |
 | Kentucky - 1851 - 548 страница
...allegation of new matter in the answer, not relating to a counter-claim or set-ofF, or of new matter in a reply, is to be deemed controverted by the adverse...direct denial or avoidance, as the. case may require. Allegations of value, or of amount of damage, shall not be considered as true, by the failure to controvert... | |
 | Henry Whittaker - 1852 - 900 страница
...as now amended, that "the allegation of new matter in the answer, not relating to a counter-claim, is to be deemed controverted by the adverse party,...denial or avoidance, as the case may require.'* The letter of this last section seems clearly to relieve the plaintiff from the necessity of a reply, in... | |
 | New York (State) - 1852 - 836 страница
...the allegation of new matter in the answer, not relating to a counter-claim, or of new matter in a reply, is to be deemed controverted by the adverse...direct denial or avoidance, as the case may require. §173. The court may, before or after judgment, in fur- %££ therance of justice, and on such terms... | |
 | Nathan Howard (Jr.) - 1853 - 594 страница
...him. For by that section " an allegation of new matter in an ansu er, not relating to a counter-claim, is to be deemed controverted by the adverse party,...upon a direct denial or avoidance, as the case may be. The legislature evidently intended to do away with the necessity of a reply in all cases, except... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 страница
...purposes of the ac- » imp. tion, be taken as true. But the allegation of new matter in the answer shall be deemed controverted by the adverse party, as upon...direct denial, or avoidance, as the case may require. SEC. 66. A material allegation in a pleading is one essential to the Material niiega, . ,. Uondcnnrd.... | |
 | Wisconsin - 1853 - 810 страница
...allegation of new matter in the answer. not re}atmg to a counter claim, or of new. matter in s raply, is to be deemed controverted by the adverse party as upon a direct denial or avoidance, as the case mar require. SF.O. 77. No variance between the allegation ifa. a plead*n& an<^ tne Pro°f shall be... | |
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But the allegation of new matter in the answer, not relating to a counter-claim or set-off, or of new matter in a reply, is to be deemed controverted by the adverse party as upon a direct denial or avoidance, as the case may require. 
