Clough v. Murray

By the Court.*—Robertson, J.

The order appealed from, in this case, directs all of what purports to be an answer in this case, after the first defence, to be stricken out The order does not furnish the ground of the decision. It must, therefore, be assumed to be for its being sham or irrelevant. (Briggs v. Bergen, 22 N. Y., 163.) Where the whole is stricken out, it must be on the ground of its entire failure as a defence. (Stark v. Colton, 2 E. D. Smith, 398.) It is true, separate motions may be made to strike out matter as irrelevant or redundant, or to make the allegations of a pleading more…