Gibson v. Gibson
New York Supreme Court
Appeal from special term, Monroe county. Action by Bichard R. Gibson against Henrietta J. Gibson, impleaded with others. From an order striking out, as scandalous, irrelevant, and redundant, certain allegations in the complaint, plaintiff appeals.
1Opinion of the CourtHaight, J.
It appears from the order appealed from that, upon the hearing of the motion at special term, an objection was made to the hearing of the same upon the ground that the motion was not noticed for hearing within 20 days from the service of the •complaint; that it was then and there conceded by counsel that the complaint was served on the 22d day of November, 1892; and that "the notice of motion was served on the 11th day of January, 1893. It was also conceded oh the part of the appellant that the notice of motion was retained by 'Mr. Eobson, the appellant’s - counsel, and "that the same was not…
2Cases cited3 opinions
- Carrillo v. CarrilloNew York Supreme Court · 1889
- Rogers v. RockwoodNew York Supreme Court · 1891
- Roosa v. Saugerties & Woodstock Turnpike Road Co.New York Supreme Court · 1853
3Cited by2 opinions
- Gibson v. GibsonNew York Supreme Court · 1893
- Siriani v. DeutschThe Superior Court of the City of New York and Buffalo · 1895