Sec. 52-99. Untrue allegations or denials; costs.
Sec. 52-99. Untrue allegations or denials; costs. Any allegation or denial made
without reasonable cause and found untrue shall subject the party pleading the same to
the payment of such reasonable expenses, to be taxed by the court, as may have been
necessarily incurred by the other party by reason of such untrue pleading; provided no
expenses for counsel fees shall be taxed exceeding ten dollars for any one offense.
(1949 Rev., S. 7821.)
General denial improper where part of claim is admittedly true. 67 C. 76. Pleader must not take totally inconsistent
positions. 82 C. 592; but see 82 C. 623, and note to section 52-93. Effect of violation of this rule; failure of other party to
claim penalty; judgment is not invalidated. 99 C. 167. Expenses should be deducted where prevailing party has violated
this rule. 107 C. 494. One who violates rule not precluded from setting up own defenses in pleading. 124 C. 536. Cited.
218 C. 65.
Cited. 18 CA 344.