Mason v. Mason
New York Supreme Court
Motion by plaintiff to make defendant’s answer more definite and certain and to strike out certain allegations from the answer as irrelevant and redundant.
1Opinion of the CourtWright, J.
This is an action for divorce. The answer sets up a general denial and also contains allegations of cruel and inhuman treatment and of failure to support defendant. The plaintiff asks that the latter allegations be stricken from the answer as irrelevant, and, that if they are intended as a counterclaim they be ordered labeled as such.
These allegations constitute a counterclaim under section 1770 of the Code of Civil Procedure. By the amendment of 1881 the words “the same article” in section 1770 were stricken out and the words “either of said articles” were substituted in their stead, so that…
2Cases cited7 opinions
- McCrea v. HopperAppellate Division of the Supreme Court of the State of New York · 1898
- Waltermire v. . WaltermireNew York Court of Appeals · 1888
- Metropolitan Trust Co. v. Tonawanda Valley & Cuba RailroadNew York Supreme Court · 1887
- Griffin v. GriffinNew York Supreme Court · 1862
- Israel v. IsraelNew York Supreme Court · 1902
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3Cited by1 opinion
- Shotland v. MulliganAppellate Terms of the Supreme Court of New York · 1908