Sellar v. Sage
New York Supreme Court
Motion by defendant to strike out part of complaint, as irrelevant and redundant. The complaint alleges an indebtedness of the defendant, and that the debt was fraudulently contracted, and prays judgment for the amount of the debt, $164, and interest, and an execution against the body of the defendant. The motion is to strike out of the complaint that part of it relating to the fraudulent contracting of the debt, and the prayer for execution against the body of the defendant.
1Opinion of the Court
Davies, Justice.
The complaint is to contain "a plain and concise statement of the facts, constituting a cause of action.” (Sub. 2, § 142, of the Code.) Nothing else should be there, except what is necessary to enable the plaintiff to recover. (Clark agt. Harwood, 8 How. Prac. Rep. 472.)
Now it must be conceded that the statements in relation to the manner in which the debt was contracted, are not necessary to enable the plaintiff to obtain judgment. They are manifestly and avowedly put in to enable the plaintiff to do something else—to have an execution against the body of the defendant after…
2Cases cited1 opinion
- United States v. StaatsSupreme Court of the United States · 1849
3Cited by2 opinions
- Shearman v. HartNew York Court of Common Pleas · 1862
- Warren v. WendellNew York Supreme Court · 1861