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4 How. Pr. 339

Kellogg v. Church

New York Supreme Court

Decided June 10, 1850

New York Supreme Court · decided 1850-06-10

'—Plaintiff complained for the wrongful taking and conversion of sundry articles of personal property, comprising a numerous list of small articles. Defendant answered as follows: “ Above named defendant answers to the complaint of plaintiff in the above entitled action, and denies each and every allegation alleged in plaintiff’'s complaint.”

Decided 1850-06-10

Cady, Justice.

¶1'—I think such an answer will do. It would be intolerable to require specific denials of an entire complaint in other terms. I will not aid in establishing the intricate and voluminous system of pleading under the code, which seems to be growing up in practice. I cannot believe that it was the design of the code-mákers; and, until my position is overruled by the Supreme Court, in bench, I shall hold such a denial as this good.

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