Williams v. Hayes
New York Supreme Court
Motion to strike out irrelevant and redundant matter. The action was brought to restrain the defendant from foreclosing a mortgage executed by the plaintiff and his wife to one Boughton, and to have the same cancelled.
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Motion to strike out irrelevant and redundant matter. The action was brought to restrain the defendant from foreclosing a mortgage executed by the plaintiff and his wife to one Boughton, and to have the same cancelled. The complaint states that on the 7th of April 1838, the plaintiff and his wife mortgaged certain premises to Boughton to secure the payment of $250; that Boughton died in 1846, and that, before his death, the mortgage had been fully paid; that after the death of Boughton the mortgage came into the possession of the defendant, who claims to be the owner and assignee thereof, and…
1Opinion of the Court
Harris, Justice.
A prominent object of the reform instituted by the Code was “to simplify and, abridge pleadings,” to substitute for the unmeaning forms, and prolix statements with which pleadings, both at law and in equity, had been incumbered, a simple statement of the facts which constitute the cause of action, or the grounds of defence, in such a manner as to present to the court the precise points in dispute, and when the controversy is ended, to preserve a record of the precise matters determined.' Hence it is specifically required, in respect to all pleadings, that the matter to be…
2Cited by2 opinions
- Le Roy v. MarshallNew York Supreme Court · 1853
- Mussina v. ClarkNew York Supreme Court · 1863