Walters v. Battenfield

Citations

• 21 N.M. 413
• 155 P. 721

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A narration of facts, in an answer, in the form of new matter, which could all be properly proved under the general or specific denials made by the defendant, constitutes an argumentative answer. P. 415'</p> <p>%.r Where an issue is formed by a general or specific denial, but defendant improperly attempts to add to the efficacy of the denial by narrating facts, all of which were provable under the general or specific denial, the burden of proving the facts constituting the issue made by the denial does not rest upon the defendant. P. 415</p>