New York Supreme Court December 27, 1850 (Darrow v. Miller)

Sill, Justice.—'The

specific relief asked for in the notice is, that the answer may be stricken out as frivolous. To justify this order it must appear that the answer is a “sham pleading” which does not necessarily follow from its being merely frivolous. Sham answers and defences maybe stricken out on motion (Code, § 152).