Kimball v. County of Stanton

U.S. Circuit Court

Kimball v. County of Stanton

4 F. 325, 1880 U.S. App. LEXIS 2612

United States Circuit Court·Decided November 10, 1880·Published·Cited by 1 cases

Opinion

McCrary, C. J.

This is a motion to make a part of the answer more specific. The general allegation of the answer is that defendant denies each and every material allegation of the petition. The motion requires him to specify what is denied and what is admitted. As a .matter of course, the pleader is not to be the judge as to what is material and what is not. A denial of the material allegations is not a sufficient denial of the general issue.

Free access — add to your briefcase to read the full text and ask questions with AI

McCrary, C. J.

This is a motion to make a part of the answer more specific. The general allegation of the answer is that defendant denies each and every material allegation of the petition. The motion requires him to specify what is denied and what is admitted. As a .matter of course, the pleader is not to be the judge as to what is material and what is not. A denial of the material allegations is not a sufficient denial of the general issue.

Kimball v. County of Stanton, 4 F. 325, 1880 U.S. App. LEXIS 2612 (uscirct 1880).

Pincite

4 F. 325 (Kimball v. County of Stanton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related