Powers v. Ridder
Appellate Division of the Supreme Court of the State of New York
Appeals" by the respective defendants, Henry Bidder and the Catholic H ews Publishing Company, the appeal in each case being from an order of the.Supreme Court,, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of December, 1910, denying in each case the defendant’s motion to strike certain allegations from the amended complaint as irrelevant and redundant.
1Opinion of the Court
Miller, J".:
The action is for libeh It is not contended by the plaintiff that - the allegations sought to be stricken- out are necessary to a statement of the plaintiff’s cause of action. The most that is claimed is that “ the facts alleged may be or become relevant.” - Ultimate^ not evidentiary facts are to be pleaded. Possibly, the plaintiff may be permitted to prove on the trial the truth of the averments sought to be stricken out, although it may. be difficult now to-understand how such proof can become relevant, but such possibility does not justify the retention of redundant matter in…
2Cases cited1 opinion
- Schroeder v. PostAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Newton v. Livingston County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Powers v. RidderAppellate Division of the Supreme Court of the State of New York · 1913
- Solomon v. LaGuardiaAppellate Division of the Supreme Court of the State of New York · 1944