Bowman v. Sheldon
The Superior Court of New York City
This was an application, on the part of the defendants, to strike out certain parts of the complaint. The parts proposed to be stricken out, were specified in the notice, but the grounds of the motion were not stated. The time for answering the complaint expired on the 30th of July, and on the 27th of July, the defendants obtained an order extending the time to answer for thirty days, but the order contained no enlargement of the time for making this or a similar motion.
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This was an application, on the part of the defendants, to strike out certain parts of the complaint. The parts proposed to be stricken out, were specified in the notice, but the grounds of the motion were not stated. The time for answering the complaint expired on the 30th of July, and on the 27th of July, the defendants obtained an order extending the time to answer for thirty days, but the order contained no enlargement of the time for making this or a similar motion. On the same day, 27th July, notice of a motion to strike out the same parts of the complaint which the present application…
1Opinion of the CourtDuer, J.
—Following the words of the code, I think I am bound to say, that this affidavit is just as valid and effectual, as if 'it were “ duly entitled.” The code says, § 406, “It shall not be necessary to entitle an affidavit, in the action, but an affidavit made without a title, or with a defective title, shall be as valid and effectual for every purpose as if it were duly entitled, if it intelligibly refers to the action or proceeding in which it is made.” As this is the only suit between the parties, the plaintiff could not have been misled by the error in the name of the court. He knew at once…
2Cited by8 opinions
- John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- Witherell v. WibergU.S. Circuit Court for the District of Oregon · 1877
- Harder v. HarderNew York Supreme Court · 1858
- Lee Bank v. KuchingThe Superior Court of New York City · 1860
- Macomber v. Mayor of New YorkThe Superior Court of New York City · 1860
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