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 embarra 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. Wllliams (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 in• spection of the pleadings, that its character may be determined without argument or research. Cottrill v. Cramer, ~O Wis. 558. Synonyms. The terms "frivolous" and "sham " as applied to pleadings, d.o not meaq the sa'me thing. A sham plea is good on its face, but false in fact; it may, to all appearances, constitute a perfect defense, but is a. pretence because false and because not plead• ed in good faith. A frivolous plea may be perfectly true in its allegations, but yet is liable to be \Stricken out because totally insufficient in substance. Andrere v. Bandier (Sup.) 56 N. Y. Supp. 614; Brown v. Jenison, 1 Code R. N. S. (N. Y.) 157. FRODMORTEL, or [s. 532]