Koewing v. Town of West Orange

The opinion of the court was delivered by

Walker, Chancellor.

Action was brought in the Supreme Court by Mrs. Koewing against the town of West Orange to recover the sum of $1,455.92, collected by the town from her for taxes, and which collection she avers was made upon wrongful and unlawful duress and compulsion. The complaint, on motion, was struck out.

*540A motion to strike out a complaint under the Practice act (1913), for want of showing cause for action, is the equivalent of a demurrer in the former practice. A demurrer only admitted facts well pleaded, and not conclusions of law arising from…