White v. Calhoun

Citations

• 83 Ohio St. (N.S.) 401

Syllabus

<p>Power of common pleas court — To order stricken from Mes — A sham answer — Is a common law power — Evidence required— To sustain motion to strike from Mes — Court procedure.</p> <p>1. The power of the court of common pleas to order stricken from the files an answer which is a sham answer, one which, although good in form, is false in fact and not pleaded in good faith, is a power existing at the common law, and is one of the powers inherent in the court to be exercised in the due and speedy administration of justice.</p> <p>2. A proper case is made for the exercise of such power, and for an order striking off such answer, when, upon the hearing of a motion to strike it off, the evidence introduced discloses no conflict upon any material point, and the entire evidence leaves no reasonable doubt that such order should be made.</p>