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FULLER V. CLAFIN, 93 U. S. 14 (1876)

U.S. Supreme Court

Fuller v. Clafin, 93 U.S. 14 (1876)

Fuller v. Clafin

93 U.S. 14


1. An order striking out an answer, as it ends the cause, leaves the action undefended, and confers a right to immediate judgment, is subject to review in the appellate court.

2. The court below having, on demurrer, held an answer to be sufficient, directed it to be made more specific and certain. The party thereupon filed an answer which, although in substantial compliance with the order, was stricken out, and judgment rendered in favor of the plaintiff for the amount of the claim sued on. Held that the action of the court in striking out the answer and proceeding to judgment was erroneous.

Page 93 U. S. 15

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