Hooper v. William P. Laytham Sons Co., Inc.

Defendant moves to strike the bill of complaint because of its alleged failure to set forth (a) an equitable cause of action and (b) facts cognizable within a court of equity. Complainants not only oppose this motion but also assert in limine that the provisions of the vicinage rule, No. 128, subdivision G of the rules of this court, preclude the said motion being heard or considered at the chancery chambers in Hackensack, as noticed.

In support of their position, complainants assert, in substance, that the action is a transitory one, that their residence is in Montclair, that by reason…