Ebling Brewing Co. v. Adler
Appellate Terms of the Supreme Court of New York
Appeal from. City Court of New York, Special Term. Action by the Ebling Brewing Company against Philip Adler. Prom an order of the City Court, striking out certain paragraphs of defendant’s answer, he appeals. Modified and affirmed.
1Opinion of the CourtDavis, J.
This is an appeal from an order striking out certain paragraphs of defendant’s answer and requiring him to separately state and number an alleged defense of payment and of the statute of limitations. The notice of motion purports to be for an order requiring defendant to make his answer more definite and certain. But the changes sought in the notice of motion and compelled by the order herein should be the subject of a motion to strike out as irrelevant, redundant, or scandalous. Section 545, Code. The demand to separately number the' defenses is excepted, of course; that being properly the…
2Cases cited3 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Barton v. GriffinAppellate Division of the Supreme Court of the State of New York · 1899
- Barton v. GriffinAppellate Division of the Supreme Court of the State of New York · 1899