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" Every material allegation of the petition, not controverted by the answer, and every material allegation of new matter in the answer, not controverted by the reply, shall, for the purposes of the action, be taken as true... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Side 467
av Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1877
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 sider
...must equally affect all the parties to the action, and not require different places of trial. § 144. Every material allegation of the complaint, not specifically controverted by the answer, as prescribed in section 128 ; and every material allegation of new matter in the answer, not specifically...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 sider
...prescribed in sec- !o°i,eedeem tion cne hundred and twenty-eight ; and every material al- ei1 lruelegation of new matter in the answer, not specifically controverted by the reply, as prescribed in section one hundred and thirty-one, shall for the purposes of the action, be taken...
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Reports of Cases of Practice Decided by the Supreme Court and Court ..., Volum 3

Nathan Howard (Jr.) - 1851 - 452 sider
...commenced in the Supreme Court. Section 144 of the code applies to such a suit, and, consequently, every material allegation of new matter in the answer, not specifically controverted by the reply, as prescribed in section 131, must, for the purpose of the action, be taken as true. It items, that...
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The Code of Civil Procedure of the State of New York: Reported ..., Volum 2

New York (State). - 1850 - 920 sider
...as to allow some causes of action to be united, which can not be united under that section. § 664. Every material allegation of the complaint not specifically controverted by the answer, as prescribed in section 645 ; and every material allegation of new matter in the answer constituting...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 sider
...complaint, not deemed0 "" specifically controverted by the answer, as prescribed in lrue' section 149 ; and every material allegation of new matter in the...answer, not specifically controverted by the reply, as prescribed in section 153, shall, for the purposes of the action, be taken as true. But the allegation...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volum 1

Kentucky - 1851 - 548 sider
...other Tilings relied must be § 179. Every material allegation of the petition not ppe- 1851. citically controverted by the answer, and every material allegation of new matter in the answer, constituting a ai counter-claim or set-on", not specifically controverted by the "dto^take^'Ji reply,...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 sider
...mitigating circumstances. 132 133 § 179. Every material allegation of the petition not ppecilically controverted by the answer, and every material allegation of new matter in the answer, constituting a counter-claim or set-oil', not specifically controverted by the reply, must, for the...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 sider
...to which they can he reduced. 146 § 168. [144.] Allegation not denied, when to be deemed true. — Every material allegation of the complaint not specifically controverted by the answer, as prescribed in section 149 ; and every material allegation of new matter in the answer, not specifically...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volum 14;Volum 45

1851 - 520 sider
...thereof; or, " 7. Claims against a trustee by virtue of a contract or by operation of law. " S. 168. Every material allegation of the complaint, not specifically controverted by the answer, as prescribed in s. 149; and every material allegation of new matter in the answer, not specifically...
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A Treatise on the Measure of Damages: Or, An Inquiry Into the Principles ...

Theodore Sedgwick - 1852 - 722 sider
...material allegation of the complaint not specifically controverted by the auswer as prescribed in § 149, and every material allegation of new matter in the answer not specifically controverted by the reply as prescribed in § 153, shall, for the purposes of the action be taken as true." In regard to tho...
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