Bedlow v. Stillwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sarah A. Stillwell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office-of the clerk of the county of Hew York on the 7th day of July,. 1899, upon the decision of the court, rendered after a trial at the Hew York, Special Term, overruling the amended answer of the defendant as frivolous.
1Opinion of the Court
O’Brien, J.:
The plaintiff moved to overrule the amended answer herein as frivolous and for judgment thereon, and from the order entered granting such motion, the defendant appeals.
The rule to be applied upon motions to strike out a pleading as frivolous has been so many times stated that a restatdment would seem to be unnecessary, and yet the failure of the court below to apply it requires a reference thereto. The distinction between a motion to-strike óut a pleading as frivolous and the question presented on. demurrer must not be lost sight of. One is a summary way of getting rid of the…
2Cases cited5 opinions
- Bennett v. . Leeds Manufacturing Co.New York Court of Appeals · 1888
- Strong v. . SproulNew York Court of Appeals · 1873
- Gruenstein v. JablonskyAppellate Division of the Supreme Court of the State of New York · 1896
- Trumbull v. AshleyAppellate Division of the Supreme Court of the State of New York · 1898
- Griffin v. ToddNew York Supreme Court · 1874
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