Hensley v. Tartar
Hensley v. Tartar
Opinion of the Court
delivered the opinion of the Court—Field, C. J. concurring.
This is an action of ejectment. The complaint is verified and
The point in the present case is this: The plaintiff was non-suited for failing to introduce evidence in support of certain allegations of the complaint. This he assigns as error, and contends that under the pleadings these allegations were to be taken as true, and that the evidence was therefore unnecessary. Sec. 65 of the Practice Act, provides that.“ every material allegation of the complaint, when it is verified, not specifically controverted by the answer, shall, for the purpose of the action, be taken as true. (Wood’s Dig. 175.) In this case neither of the answers contains a specific denial of any material allegation in the complaint. The denials are in the most general form, and their legal effect is not changed by expressions showing that they were intended to be specific.
Judgment reversed, and cause remanded for a new trial.
Reference
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- HENSLEY v. TARTAR
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- Syllabus
- Wheke a complaint is verified, an answer denying “generally and specifically each and every material allegation in the complaint, the same as if such allegation were herein recapitulated,” and also denying each allegation in the same form, with certain qualifications and exceptions, does not raise an issue upon any fact stated in the complaint. A sworn answer must be consistent in itself, and must not deny in one sentence, what it admits to be true in the next. Query, whether this rule does not also apply to pleadings not verified. The legal effect of general denials, as in this case, is not changed by expressions showing that they were intended to be specific.