The Federal Reporter: With Key-Number Annotations ..., volume 125
The Federal Reporter: With Key-Number Annotations ..., volume 125
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Evans Marble Co., 112 Fed. 634, 50 C. C. A. 403 ; 14 Ency. PI. & Pr. 80, and authorities there cited.
2. It is next urged that the denials in the answer which were stricken out were sufficient. A bare reading of the statement of facts will carry conviction to the mind that this contention cannot be sustained. The averments in the answer were clearly evasive, and in several respects were ambiguous and uncertain. It is true that, where the facts alleged in a complaint are not within the knowledge... of the defendant, and which, from their nature and character, are such as might not readily be ascertained by him, the defendant may so state in his answer, and place his denial on that ground, and in such a case the defendant ought at least to show how it happened that he was without knowledge as to such facts. As was said by Justice Field in Curtis V. Richards, 9 Cal. 33, 38 : "If the facts alleged In the complaint are presumptively within the knowl- edge of the defendant, he must answer positively, and a denial upon In- formation and belief will be treated as an evasion." See, also.
What to read after The Federal Reporter: With Key-Number Annotations ..., volume 125?
You can find similar books in the "Read Also" column, or choose other free books by United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Evans Marble Co., 112 Fed. 634, 50 C. C. A. 403 ; 14 Ency. PI. & Pr. 80, and authorities there cited.
2. It is next urged that the denials in the answer which were stricken out were sufficient. A bare reading of the statement of facts will carry conviction to the mind that this contention cannot be sustained. The averments in the answer were clearly evasive, and in several respects were ambiguous and uncertain. It is true that, where the facts alleged in a complaint are not within the knowledge... of the defendant, and which, from their nature and character, are such as might not readily be ascertained by him, the defendant may so state in his answer, and place his denial on that ground, and in such a case the defendant ought at least to show how it happened that he was without knowledge as to such facts. As was said by Justice Field in Curtis V. Richards, 9 Cal. 33, 38 : "If the facts alleged In the complaint are presumptively within the knowl- edge of the defendant, he must answer positively, and a denial upon In- formation and belief will be treated as an evasion." See, also.
What to read after The Federal Reporter: With Key-Number Annotations ..., volume 125?
You can find similar books in the "Read Also" column, or choose other free books by United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court to read onlineMoreLess
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