Wooden v. Strew
New York Supreme Court
Motion by the defendant to strike out portions of the complaint as “irrelevant and redundant.” The complaint is for relief, and concludes with the following prayer:— “And the plaintiff asks that the deed so fraudulently obtained be ordered by this court to be set aside and cancelled, or that the said defendant reconvey the said property to the said plaintiff, or that the said deed be re-formed, so as to give this plaintiff the possession of the premises during her life, with…
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Motion by the defendant to strike out portions of the complaint as “irrelevant and redundant.” The complaint is for relief, and concludes with the following prayer:— “And the plaintiff asks that the deed so fraudulently obtained be ordered by this court to be set aside and cancelled, or that the said defendant reconvey the said property to the said plaintiff, or that the said deed be re-formed, so as to give this plaintiff the possession of the premises during her life, with a right of way to the said grave-yard, and that the said plaintiff have damages to five hundred dollars for the waste…
1Opinion of the Court
Morris, Justice.
The proper determination of this motion depends upon a correct construction of the Code of Procedure. The portions of the Code applicable to this question are the following: viz., §§ 140 and 142, in relation to the form and contents of a complaint. § 168, that all material allegations alleged in the complaint, and not controverted by the answer, are to be taken as true; § 159, that every subsequent pleading be verified (except a demurrer) when the previous pleading was verified ; § 389, abolishing all suits for discovery, and directing that no party shall be examined by the…
2Cited by10 opinions
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- Brown v. . HallSupreme Court of North Carolina · 1946
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1863
- Long v. LoveSupreme Court of North Carolina · 1949
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