 | New York (State) - Session laws - 1860 - 1206 pages
...cases, when an answer contains new matter, constituting a defense by way of avoidance, the court imy, in its discretion, on the defendant's motion, require a reply to such new matter ; and in that case, the reply shall be subject to the same rules as a reply to a counterclaim. <5 6.... | |
 | Henry Whittaker - Civil procedure - 1863 - 1154 pages
...residue of the counter-claims. And, in other cases, where an answer contains new matter, constituting .1 defence by way of avoidance, the court may, in its...defendant's motion, require a reply to such new matter; and, in that case, the reply shall be subject to the same rules, as a reply to a counter-claim. It... | |
 | New York (State) - 1867 - 1086 pages
...defences or counter-claims, and reply to the residue of the counter-claims. And in other cases, when an er counterclaim. ; and in that case, the reply shall be subject to the same rules as a reply to a counter-claim. a.... | |
 | John Townshend - Court rules - 1867 - 298 pages
...in other cases, when an answer contains new matter constituting a defence by way of avoidance, t'.ie court may, in its discretion, on the defendant's motion, require a reply to Euch new matter ; and in that case, the reply shall be subject to the same rules as a reply to a counter-claim.... | |
 | South Carolina - 1868 - 942 pages
...defences or counter claims, and reply to the residue of the counter claims. And in other cases, where an answer contains new matter constituting a defence...Defendant's motion, require a reply to such new matter ; and in that case the reply shall be subject to the same rules as a reply to a counter claim. SEC.... | |
 | New York (State), John Townshend - Civil procedure - 1870 - 896 pages
...the counter-claims. And in other cases, when an answer contains new matter, constituting a defense by way of avoidance, the court may, in its discretion,...defendant's motion, require a reply to such new matter; and in that case, the reply shall be subject to the same rules as a reply to a counter-claim. а. Reply.... | |
 | Civil procedure - 1870 - 378 pages
...counterclaims. And in other cases, when an answer contains new matter constituting a defense by way of awidance, the court may, in its discretion, on the defendant's motion, require a reply to such new matter; and in that ease the reply shall be subject to the same rules as a reply to a counterclaim. % 154.... | |
 | New York (State), William Wait - Civil procedure - 1871 - 1034 pages
...of the counterclaims. And in other cases, when an answer contains new matter, constituting a defense by way of avoidance, the court may, in its discretion,...defendant's motion, require a reply to such new matter ; and in that case, the reply shall be subject to the same rules as a reply to a counterclaim. I. THE... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1918 - 638 pages
...Civ. Proc. 1912, sec. 203, providing that, where an answer contains new matter constituting a defense, "the Court may, in its discretion, on the defendant's motion, require a reply to such new matter." Rish v. Seaboard Air Line By. (93 8. E. 250), 108 SC 30. 2. Where, in proceedings to escheat, the oral... | |
 | William Wait - Civil procedure - 1873 - 950 pages
...of avoidance. The Code also provides that when an answer contains new matter, constituting defense by way of avoidance, the court may, in its discretion,...defendant's motion, require a reply to such new matter ; and, in that case, the reply shall be subject to the same rules as a reply to a counter-claim. Code,... | |
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Where an answer contains new matter, constituting a defence by way of avoidance, the court may, in its discretion, on the defendant's application, direct the plaintiff to reply to the new matter. 
