Inhaltsangabe
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913. Excerpt: ... more." This denial would be perfectly consistent with the fact that the town bad kept and maintained the bridges for 19 years. No one could be convicted of perjury who should swear to such a denial. The vice of this pleading is that it is a negative pregnant, a form of pleading which has uniformly been condemned by the courts. Bliss, Code Pl. § 332. The question of the sufficiency of the denial was raised at the trial, and an opportunity to amend was offered to defendant, but declined. The ruling of the trial court that the pleading was bad was unquestionably right.1 1 A negative pregnant raises no issue:--Bourke v. Butte Electric & Power Co. (1905), 33 Mont. 367; Britannia Mining Co. v. U. 8. Fidelity & Guaranty Co. (1911), 43 Mont. 93; Kinney v. Maryland Casualty Co. (1911), 15 Cal. App. 571; Scott v. Superior Sunset Oil Co. (1904), 144 Cal. 140; United States v. Larkin (1907), (U. S. C. C. App. Ohio) 82 C. C. A. 247, 153 Fed. 113; Shepard v. Wood (1907), 116 N. Y. App. Div. 861; Knight v. Denman (1903), 68 Neb. 383; Johnson v. Asher (1907), (Ky.) 105 8. W. 943. In Missouri the doctrine of a negative pregnant is not recognized: Cooper v. American Cent. Ins. Co. (1909), 139 Mo. App. 570, 582. And in Washington it is held that the doctrine that a negative pregnant is insufficient and raises no issue, was a technical rule of the common law and has no place under the code. A motion to make the answer more definite and certain is declared to be the proper remedy: O'Brien v. Seattle la. Co. (1906), 43 Wash. 217. (b) Denials of Knowledge or Information. CHURCH v. HENDBIE & BOLTHOFF MANUFACTURING AND SUPPLY COMPANY. Supreme Court of Colorado. 1910. 47 Colorado, 544. Chief Justice Steele delivered the opinion of the court: The action was brought to recove...
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