Loranger v. Big Missouri Mining Co.

Citations

• 6 S.D. 478
• 61 N.W. 686
• 1895 S.D. LEXIS 130

Syllabus

<p>1. A verified, unqualified denial of material facts, such as the defendant is allowed to deny, raises an issue of fact, which either party is entitled to have tried by a jury, and it will ordinarily be error to strike out such answer as sham.</p> <p>2. Assuming’, without deciding, that there may be cases in which the falsity of a verified denial may be so clearly ’proved as to justify the trial court in striking it out as sham, such case is not presented by the single affidavit of the plaintiff, denying the truthfulness of such denial.</p> <p>3. A verified answer, which is equivalent to a general denial, though not such in form, is- subject to the same rule, and ought not to be stricken out as sham upon the affidavit of the plaintiff, showing prima facie that it is untrue.</p> <p>(Syllabus by the Court.</p>