Lybecker v. Murray

Citations

• 58 Cal. 186

Syllabus

<p>Striking out Answer—Sham and Irrelevant Answer.—An answer, though unverified, containing denials of material allegations of the complaint, can not he stricken out as sham and irrelevant.</p> <p>Id.—Id.—Service of Answer—Discretion of Court.—Under no circumstances is the discretion of the Court to be exercised arbitrarily, but it is a discretion governed by legal rules to do justice according to law or to the analogies'of the law, as near as may be. It must be exercised within the limitations above stated to promote substantial justice in the case. Held, accordingly, that it was error in the Court to strike out an answer filed in time, but not served until two days afterwards.</p>