Legal Opinion

Lipman v. Arfield

Supreme Court of New Jersey

Decided July 2, 1943Published

1Opinion of the Court

Burling, S. C. 0.

Motion has been made before me as a Supreme Court Commissioner for an order to strike the complaint in this cause of action. The following reasons are assigned: (1) Complaint is duplicitous and states two causes of action in one count by alleging in paragraphs 6 and 7 a false return of process and negligence in failing to serve process, and (2) the complaint lacks certainty in that it fails *288(a) to aver the name of the alleged creditor in paragraph 6 of the complaint, (b) to allege the value of defendant G-unning’s property in paragraphs 4 and 5; and (3) that the complaint is…

2Cases cited1 opinion

  1. Mayor of Bayonne v. MorrisSupreme Court of New Jersey · 1897

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