Cornwall v. McKinney

Citations

• 9 S.D. 213
• 68 N.W. 333
• 1896 S.D. LEXIS 140

Syllabus

<p>1. The discretion give to a trial court by Comp. Laws, Sec. 4918, to require a reply to an answer which contains new matter constituting a defense by way of avoidance, will not be reviewed except in cases of abuse.</p> <p>2. Usually a motion by defendant for the court to require plaintiff, under Comp. Laws, Sec. 4918, to reply to new matter contained in the answer, should be granted, because the system of practice in use is designed to limit and define issues so far as practicable.</p>