Mahoney v. Ogden

In an action to abate a nuisance, to recover money damages, and for other relief, the appeal is from so much of an order as granted respondent’s motion to strike from the complaint a paragraph alleging the assignment to appellants of their vendors’ right to damages arising out of the nuisance. Order modified (1) by striking from the first ordering paragraph the words “granted as herein provided, and it is further” and by substituting therefor the words “denied in all respects”, and (2) by striking from said order the second ordering paragraph. As so modified, order insofar as appealed from…