United States Circuit Courts, 1880

Kimball v. County of Stanton

Kimball v. County of Stanton
United States Circuit Courts · Decided November 10, 1880 · McCrary
4 F. 325; 1880 U.S. App. LEXIS 2612
Kimball v. County of Stanton

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.