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Kellogg v. Church

4 How. Pr. 339 Court SUPREME COURT. Decision date 1850-06-10 English

Delivered by Cady, Justice.

Contents

Majority

p. 339
SUPREME COURT.
John Kellogg agt. Charles Church.

Headnote

Where a defendant denied the whole of plaintiff’s complaint, (which was for taking sundry articles of personal property,) by alleging generally that he “ denies each and, every allegation alleged in said complainV’ Seld sufficient, and, a complete denial to the whole of the complaint.
Montgomery Special Term, June 10, 1850.
'—Plaintiff complained for the wrongful taking and conversion of sundry articles of personal property, comprising a numerous list of small articles.
p. 340
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.”
B. F. Chapman, for plaintiff,
insisted that this was not a sufficient denial of the complaint and demanded judgment, notwithstanding the answer, and cited section 149 of the code, also section 168.
D. D. Walrath, contra.

'—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.