An "answer or plea is called "frivolous" when it is clearly insuffi­cient on its face, and does not controvert the material points of the opposite pleading, and is presumably interposed for mere pur­poses of delay or to embarrass the plaintiff. — The term "frivolous" and "sham," as applied to pleadings, do not mean the same thing. A sham please is good on its face, but false in fact; it may, to all appearances, constitute a perfect defense, but is a pretense because false and because not pleaded in good faith. A frivolous plead may be perfectly true in its allegations, but yet is liable to be stricken out because totally insufficient in substance.

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Black’s Law Dictionary, 1st Edition, page 522:

FRIVOLOUS.  An answer or pleading is called frivolous when it is clearly insufficient on its face, and does not controvert the material points of the opposite pleading, and is presumably interposed fir mere purpose of delay or to embarrass the plaintiff.

A frivolous demurrer has been defined to be one which is so clearly untenable, or its insufficiency so manifest upon a bare inspection of the pleadings, that its character may be determined without argument of research. 40 Wis. 558.

 

Black’s Law Dictionary 2nd Edition, page 526:

FRIVOLOUS. An “answer or plea is called “frivolous” when it is clearly insuffi­cient on its face, and does not controvert the material points of the opposite pleading, and is presumably interposed for mere pur­poses of delay or to embarrass the plaintiff. Erwin v. 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. 916.

A frivolous demurrer has been defined to be one which is so clearly untenable, or its insufficiency so manifest upon a bare inspection of the pleadings, that its character may be determined without argument of research. Cottrill v. Cramer, 40 Wis. 558.

Synonyms. The term “frivolous” and “sham,” as applied to pleadings, do not mean the same thing. A sham pleading is good on its face, but false in fact; it may, to all appearances, constitute a perfect defense, but is a pretense because false and because not pleaded in good faith. A frivolous plead may be perfectly true in its allegations, but yet is liable to be stricken out because totally insufficient in substance. Andre v. Bandler (Sup.) 56 N Y. Supp. 614; Brown v. Jenison, 1 Code R. N. S. (N. Y.) 157.

 

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