Kirstein v. Madden
Kirstein v. Madden
Opinion of the Court
The affidavit and papers on the motion for leave to amend the answer, we think, upon the whole, are sufficiently referred to and identified in the statement on appeal to make them a part of it, and entitle them to consideration. The denials of the first answer were insufficient to raise an issue, and their sufficiency was properly tested on the motion for judg
We find nothing to authorize any affirmative relief in the cross-complaint.
Judgment reversed and cause remanded, with directions to permit defendant, Madden, to file his amended answer when duly verified.
Reference
- Full Case Name
- MARGARET KIRSTEIN v. JOHN MADDEN and CHARLES KIRSTEIN
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Practice—Statement on Appeal.—If the statement on appeal, from an order refusing a party leave to amend Ms pleading, sufficiently refers to and identifies the affidavits and other papers used on the hearing of the motion, and which appear in the transcript of the record, it is sufficient, and they need not be set out at length in the statement. Practice—Amendments. — Amendments should be allowed with great liberality-in all stages of the proceedings, unless the opposite party would thereby lose an opportunity to fairly present his whole case. Answer.—In a verified answer, a denial \upon\" information and belief is sufficient."