Kelley v. Ryder

Supreme Court of Rhode Island

Kelley v. Ryder

28 A. 801, 18 R.I. 455, 1894 R.I. LEXIS 17

Supreme Court of Rhode Island·Decided January 12, 1894·Published

Opinion

Per Ouriam.

The rules of equity-pleading require that an answer should confess and avoid or expressly deny the allegations of the bill. Place v. The City of Providence, 12 R. I. 1. The answer of the respondents James J. Eyder and Catherine E. Eyder does not, in the particulars excepted to, comply with this requirement. Instead of expressly denying the allegations of the bill, it sets up matters of defence which deny the allegations of the bill only by implication. Prom such an answer it is difficult, if not practically impossible, to determine what are the real issues involved in the suit.

Exceptions sustained.

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Per Ouriam.

The rules of equity-pleading require that an answer should confess and avoid or expressly deny the allegations of the bill. Place v. The City of Providence, 12 R. I. 1. The answer of the respondents James J. Eyder and Catherine E. Eyder does not, in the particulars excepted to, comply with this requirement. Instead of expressly denying the allegations of the bill, it sets up matters of defence which deny the allegations of the bill only by implication. Prom such an answer it is difficult, if not practically impossible, to determine what are the real issues involved in the suit.

Exceptions sustained.

Kelley v. Ryder, 28 A. 801, 18 R.I. 455, 1894 R.I. LEXIS 17 (R.I. 1894).

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