 | California - 1872 - 892 sider
...Gilbert vs. Cram, 12 Howard Pr. Rep., p. 445; Badde vs. Birckgaher, 3 Duer, p. 685; 2 Keenan, p. 17. " If facts which occur subsequent to the date of the...contain a statement of any new matter constituting a defense.' The Code makes no distinction between different classes of new mutter. All new matter of... | |
 | 1901 - 2042 sider
...829. 1. PLEADING— VARIANCE— NEW MATTER OF DEFENSE. Under the provision of Rev. St. Ohio, § 5070, that the answer shall contain "a statement of any new matter constituting a defense," a railroad company sued for damages for a personal injury to an employe cannot pruve In bar... | |
 | 1918 - 1366 sider
...the land, and to enforce that right by an appropriate judgment The Code (RS 1909, § 1S06) provides that the answer shall contain "a statement of any new matter constituting a defense or counterclaim," and "may set forth * * * as many defenses and counterclaims as he may have,... | |
 | 1901 - 822 sider
...L PLEADING — VARIANCE — NEW MATT EH OP DEFENSE. Under the provision of Rev. St. Ohio, § 5070, that the answer shall contain "a statement of any new matter constituting a defense," a railroad company sued for damages for a personal injury to an employ^ cannot prove in bar... | |
 | 1909 - 1304 sider
...LIMITATION OF ACTIONS (§ 182*) — PLEADING — NEW MATTER. Under Code Civ Proc. § 500, providing that the answer shall contain a statement of any new matter constituting a defense, and section 413, providing that the objection that the action was not commenced within the... | |
 | Colorado. Supreme Court - 1915 - 664 sider
...allowed? Section 62 of the Code of Civil Procedure, ES 1908, provides, among other things, that, secondly, the answer shall contain a statement of any new matter constituting a defense, or counterclaim. Section 63 thereof reads : "The counter-claim mentioned in the last section,... | |
 | Missouri. Supreme Court - 1918 - 856 sider
...land, and to enforce that right by an appropriate judgment. The Code (RS 1909, sec. 1806) provides that the answer shall contain "a statement of any new matter constituting a defense or counterclaim," and "may set forth ... as many defenses and counterclaims as he may have,... | |
 | Colorado. Supreme Court - 1921 - 664 sider
...cited it was held that a plea of no consideration falls within section 56 of the Code which provides that the answer shall contain "a statement of any new matter constituting a defense, * * * in ordinary and concise language." It was there said that under the Code the facts surrounding... | |
 | Oliver Albert Harker - 1924 - 490 sider
...new matter. Gilbert v. Cram, 12 How. Pr. Rep. 445 ; Radde v. Birckgaher, 3 Duer. 685, 2 Keenan 17. If facts which occur subsequent to the date of the...contain a statement of any new matter constituting a defence." The Code makes no distinction between different classes of new matter. All new matter of... | |
 | Charles Albert Keigwin - 1926 - 898 sider
...involves new matter. 1 Ch. Plea. 472; Gilbert v. Cram, 12 How. Pr. 445; Kadde v. Ituckgaber, 3 Duer, 685. If facts which occur subsequent to the date of the...contain a statement of any new matter constituting a defence." The Code makes no distinction between different classes of new matter. All new matter of... | |
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If facts which occur subsequent to the date of the original transaction do not constitute new matter, what facts do constitute it ? And if any subsequent matter can properly be called "new matter," must not all subsequent matters be equally entitled to... 
