 Each material allegation of the complaint not controverted by the answer, and each material allegation of new matter in the answer, not controverted by the reply, where a reply is required, must for the purposes of the action be taken as true.  Cases on Common Law Pleading - Page 293by Oliver Albert Harker - 1924 - 459 pagesFull view - About this book
 | Nathan Howard (Jr.) - Civil procedure - 1851 - 452 pages
...for Lefts. WM ENO,/or Plaintiff. BARCULO, Justice.' — The 144th section of the code of procedure provides that "every material allegation of new matter in the answer, not specifically controverted by the reply, as prescribed in section 131, shall, for the purposes of the... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1862 - 754 pages
...operated as a discontinuance of the cause, as to the other parties, and put an end to the suit. The code provides that " every material allegation of new matter in the answer, not specifically controverted by the reply, shall, for the purposes of the action, be taken as true." 2... | |
 | Nebraska. Supreme Court - Court rules - 1873 - 548 pages
...reply or demurrer to every material allegation of new matter set up in the defendant's answer ; and every material allegation of new matter in the answer, not controverted by the reply of the plaintiff, shall, for the purposes of the action, be taken as true : but the allegations of... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1873 - 544 pages
...reply or demurrer to every material allegation of new matter set up in the defendant's answer ; and every material allegation of new matter in the answer, not controverted by the reply of the plaintiff, shall, for the purposes of the action, be taken as true : but the allegations of... | |
 | New York (State) - Law - 1876 - 398 pages
...directs. § 522. Each material allegation of the complaint, not controverted by the answer, and each material allegation of new matter in the answer, not controverted by the reply, where a reply is required, must, for the purposes of the action, be taken as true. But an allegation... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1903 - 612 pages
...or reply to the counterclaim, the same shall be deemed admitted." Section 2996 provides that "each material allegation of new matter in the answer not controverted by the reply, where a reply is required, must, for the purposes of the action, be taken as true." In view of these... | |
 | New York (State) - 1879 - 436 pages
...522. Each material allegation of the complaint, not controverted ""hento bo by the answer, and each material allegation of new matter in the answer, not controverted by the reply, where a reply is required, must, for the purposes of the action, be taken as true. But an allegation... | |
 | Nebraska, Guy Ashton Brown - Law - 1881 - 842 pages
...[Allegations taken as true.] — Every material allegation of the petition not controverted by the answer, and every material allegation of new matter in the answer, not controverted by the reply, shall, for the purpose of the action, be taken as true ; but the allegation of new matter in the reply, shall be deemed... | |
 | United States. Supreme Court - Courts - 1881 - 948 pages
...Id., sects. 5097, 5098. Every material allegation of the petition not controverted by the answer, and every material allegation of new matter in the answer not controverted by the reply, is for the purposes of the action to be taken as true, but the allegation of new matter in the reply... | |
 | Law reports, digests, etc - 1883 - 994 pages
...Code provides that " every material allegation of the petition not controverted by the answer, and every material allegation of new matter in the answer not controverted by the reply, shall, for the purpose of the action, be taken as true; but the allegation of new matter in the reply shall be deemed... | |
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