Lynn v. Nichols

The test to which this complaint must be put is found in section 241 of the Civil Practice Act which reads: “ Every pleading shall contain a plain and concise statement of the material facts, without unnecessary repetition, on which the party pleading relies, but not the evidence by which they are to be proved; ” and rule 106 of the Rules of Civil Practice, which says: “ Within twenty days after the service of the complaint, the defendant may serve notice of motion for judgment dismissing the complaint, or one or more causes of action stated therein, where it appears on the face thereof: * *…