John W. Thompson, Respondents v. the Erie Railroad Company, Appellant

Summary

The Court of Appeals held that a verified answer containing a general denial of specific material allegations is not a sham pleading and cannot be stricken, requiring the plaintiff to prove the denied allegations. It also held that Code §247 does not permit judgment on a frivolous portion of an answer when any portion is valid, and that the second defence alleging the need to join common stockholders, as well as the paragraph naming individuals, are irrelevant and may be stricken as such.