Wooden v. Waffle
New York Supreme Court
This is a motion by the plaintiff to strike out portions of the defendant’s answer as irrelevant and redundant. The action is brought upon the equity side of the court to obtain compensation in damages for the flowing of certain lands of the plaintiff, situated upon a stream called Little Black Creek, by reason of the defendant’s mill dam, lower down upon the same stream;, and for a perpetual injunction against such flowing.
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This is a motion by the plaintiff to strike out portions of the defendant’s answer as irrelevant and redundant. The action is brought upon the equity side of the court to obtain compensation in damages for the flowing of certain lands of the plaintiff, situated upon a stream called Little Black Creek, by reason of the defendant’s mill dam, lower down upon the same stream;, and for a perpetual injunction against such flowing. The grounds of equity jurisdiction relied upon are; that the injury is a continuous one; that the plaintiff has already commenced four suits at law, in four successive…
1Opinion of the Court
Selden, Justice.
In that stage of transition through which the forms and modes of judicial proceedings are now passing in this state, there is nothing which occasions more just anxiety than the settlement of those rules and principles which are hereafter to govern parties in making their respective allegations. The science of legal pleading is broken up. Its foundations are now to be relaid, if there is any one who can meet the responsibility of acting judiciously upon the subjectwith unshaken nerve. I am not the man. It required great boldness to tear down this science; it requires almost…
2Cases cited1 opinion
- Taylor v. BenhamSupreme Court of the United States · 1847
3Cited by2 opinions
- Smith v. RoweCalifornia Supreme Court · 1853
- People v. WiseNew York Court of Sessions · 1885