| 单词 | FRIVOLOUS |
| 释义 | An answer or plea is called “frivolous” when it is clearly insufficient onits face, and does not controvert the material points of the opposite pleading, and ispresumably Interposed for mere purposes of delay or to embarrass the plaintiff. Ervvinv. Lowery, 64 N. C. 321; Strong v. Sproul, 53 N. Y. 499; Gray v. Gidiere, 4 Strob. (S. C.)442; Peacock v. Williams (C. C.) 110 Fed. 910.A frivolous demurrer has been defined to lie one which is so clearly untenable, or itsinsufficiency so manifest upon a bare inspection of the pleadings, that its character maybe determined without argument or research. Cottrill v. Cramer, 40 Wis. 558.Synonyms. The terms “frivolous” and “sham,” as applied to pleadings, do not meanthe same thing. A sham plea is good on its face, but false in fact; it may, to all appearanoes, constitute a perfect defense, but is a pretence because false and because notpleaded in good faith. A frivolous plea may be perfectly true in its allegations, but yet isliable to be stricken out because totally insufficient in substance. Andrese v. Bandler(Sup.) 56 X. Y. Supp. 614; Brown v. Jenison, 1 Code R. N. S. (N. Y.) 157. |
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