Dunn v. Chernewski

The opinion of the court was delivered by

Kalisch, J.

Notice was given by the attorneys of defendant to the complainants’ attorney of a motion to strike out “the complaint filed in the above-entitled cause on the ground that the same does not constitute a cause of action.”

The notice of the motion is radically defective. It does not specify any particular cause of objection, as required by rules 42 and 43 of the new Practice act. Supp. Comp. Stat. 1911, 1915, p. 1214.

Buie 42 provides: “Every motion addressed to a pleading must present every cause of objection then existing.”

Eule 43 provides:…