 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
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1901 - 758 pages
...provides that " 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," and to this extent,... | |
 | New York (State), Amasa Junius Parker, Albert Joseph Danaher - Civil procedure - 1903 - 1588 pages
...be deemed true. 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 tuken as true. But an allegation... | |
 | New York (State) - Civil procedure - 1904 - 1624 pages
...be deemed trne. 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... | |
 | New York (State) - Civil procedure - 1907 - 1774 pages
...he deemed true. Each material allegation of the complaint, not controverted hy 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. Hut an allegation... | |
 | Law reports, digests, etc - 1910 - 1312 pages
...The defendant tried the i case as though his plea of payment had beeu traversed. While section 134 of the Civil Code provides that every material allegation of new matter in an answer not controverted by a reply shall for the purpose of the action be taken as true, yet a litigant... | |
 | 1911 - 1036 pages
...judgment was properly rendered for defendant on the pleadings ; Burns' Rev. St. 1!K>1, § .'WO. providing that every material allegation of new matter in the answer not controverted by the reply shall be taken as tme.-Hibberd v. Trask, 67 NE 179, 100 Ind. 498. FOB CASES FROM OTHEB STATES. SEE 3!) CENT.... | |
 | Law reports, digests, etc - 1912 - 2152 pages
...file any answer (or bill of particulars) before the *109 justice, or *in the district court on appeal. Section 128 of the Civil Code provides that " every material allegation of the petition not controverted by the answer," etc. , " shall be taken as true." The defendant being... | |
 | New York State Bar Association - Bar associations - 1913 - 1302 pages
...§ 514, pt.) " 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. * * *" (Code of... | |
 | Wyoming. Supreme Court - Law reports, digests, etc - 1914 - 622 pages
...the petition, constituting an answer to such new matter in the answer. (Comp. Stat. sec. 4399.) And that 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. (Id. sec. 4401.) At the hearing, counsel for plaintiff suggested... | |
 | New York (State). Board of Statutory Consolidation - Civil procedure - 1915 - 466 pages
...precedent 149. 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, shall for the purposes of the action, be taken as true; but an allegation... | |
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