Objections and proof countervailing answer introduced by applicant at trial.

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21-29-9. Objections and proof countervailing answer introduced by applicant at trial.

On the trial the applicant is not precluded by the answer from any valid objection to its sufficiency and may countervail it by proof, either in direct denial or by way of avoidance.

Source: CCivP 1877, §701; CL 1887, §5523; RCCivP 1903, §770; RC 1919, §3012; Supreme Court Rule 614, 1939; SDC 1939 & Supp 1960, §37.4507.


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