Bell v. Clarke
New York Supreme Court
Motion to strike out certain portions of the complaint.
1Opinion of the CourtClarke, J.
Motion to strike out certain portions of the complaint in an equity action to have it adjudged that defendant is not plaintiff’s wife and to restrain the defendant from holding herself out as the wife of the plaintiff as redundant, irrelevant and scandalous. An irrelevant allegation *276Is one which has no substantial relation to the controversy between the parties to the suit and which cannot affect the decision of the court, because it has no bearing upon the subject-matter of the controversy. Park & Sons Co. v. National Druggists’ Assn., 30 App. Div. 508. The main controversy between the…
2Cases cited3 opinions
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1902
- John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- Patterson v. BuchananAppellate Division of the Supreme Court of the State of New York · 1899