Zany v. Rawhide Gold Mining Co.

Action fob Services—Verified Complaint—Facts Presumptively Known to Defendant—Denials on Information and Belief— Judgment upon Pleadings.—In an action for services rendered to defendant, where the complaint is verified, and the facts therein stated are presumptively within the knowledge of the defendant, and all of the denials are merely upon information and belief, or for want of information and belief, such denials admit the allegations of the complaint, and judgment was properly rendered upon the pleadings.

Ib.—Positive Answer Required to Raise an Issue—Evasive Answer Insufficient.—Where the facts stated in such complaint are presumptively known to the defendant, a positive answer is required to raise an issue. An evasive answer on information and belief raises no issue, but admits the verified allegation so answered.

Id.—Lack of Knowledge in Fact—Explanation Essential.—If the defendant presumed to know the facts has a lack of knowledge in fact, an explanation is essential how it happens that he is without such knowledge.

Id.—Rules of Pleading in Answer to Verified Complaint Applicable to Corporations.—The rules of pleading in answer to a verified complaint as to facts presumptively known apply as well to corporations defendant as to individuals.

Id.—Implication Against Knowledge of Corporation not Permissible.—The implication that the defendant corporation has no positive knowledge whether it entered into a contract with plaintiff to board its employees and to furnish it with a team at a certain price, and to perform services for it, at its request, and whether it has not paid therefor is not to be tolerated, and is opposed to common observation and experience.

Id.—Object of Rules of Pleading.—The rules of pleading under our system are intended to prevent evasion and to require a denial of every specified averment in a sworn complaint, and whenever the defendant fails to make such denial, he admits the averment.

Id.—Immaterial Averments as to Assignment and Reassignment— Probative Matters.—Averments as to an assignment by plaintiff and a reassignment to him, which left his claim as it was originally, involve probative matters that have no place in the pleadings, and are wholly immaterial, as the complaint is sufficient without them.

Id.—Order Denting Motion to Set Aside Judgment for Amended Answer—Review upon Appeal—Absence of Bill of Exceptions.—An order denying defendant’s motion to set aside the judgment and for leave to file an amended answer, in the absence of a bill of exceptions, cannot be said upon appeal to have involved an abuse of discretion.

Id.-—-Affidavits Appearing in Record—Denial of Motion Justified.— If it be assumed that the affidavits appearing in the record are sufficiently authenticated, it cannot be held that the affidavits and counter-affidavits so appearing are the only ones used at the hearing; but it is held that such affidavits show that the court was fully . justified in denying the motion.