A reply is in a number of states required to be filed to new matter contained either in an answer or counterclaim, but no pleading is permitted in response to a reply except a demurrer, which may be used to raise an issue of law.21 The codes also provide that sham defenses may be stricken out of motion.22

Fictitious pleadings such as were used under the common law procedure in actions of ejectment and detinue, and the statement of a promise to pay in assumpsit, where no promise was made,23 are abolished by the codes, although the anomaly of the use of the common counts is sanctioned in some of the code states.24

At common law dilatory pleas or those which seek only to abate the particular action were required to be pleaded and disposed of before a plea in bar or to the merits of the action;25 under the codes such defenses may be united with those which seek to bar all recovery on the cause of action, and are to be tried and determined at the same time.26

20 N. Y. Code Civ. Pro., Sees. 494- 495; Cal. Code Civ. Pro., Sec. 443.

21 Pomeroy's Code Remedies (3rd Ed.), Sec. 588. 22 N. Y. Code Civ. Pro., Sec. 538; Cal. Code Civ. Pro., Sec. 453.

23 1 Chitty PL, 224.

24 Pomeroy's Code Remedies (3rd Ed.), Sec. 543. 25 1 Chitty Pl., 441. 26 Pomeroy's Code Remedies (3rd Ed.), Sec. 721.