Uncontroverted allegations—Effect.

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Every material allegation in a complaint, or relating to a setoff in an answer, not denied by the pleading of the adverse party, shall, on the trial, be taken to be true, except that when a defendant, who has not been served with a copy of the complaint, fails to appear and answer, the plaintiff cannot recover without proving his or her case.

[ 2010 c 8 § 3021; Code 1881 § 1763; 1873 p 345 § 62; 1854 p 232 § 50; RRS § 1785.]


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