Joseph Dixon Crucible Co. v. New York City Steel Works

By the Gourt, In OR ah am, P. J.

The answer is clearly-had, and if the motion had been granted it would have - been difficult to find any good reason for reversing the order. But we do not think an order which denies a motion to strike out a pleading as frivolous, can be reviewed on appeal. It is not a substantial right to have it stricken out. On the contrary, it is a matter of discretion with the judge whether it shall be so stricken out or not.

The practice of allowing counsel to argue in favor of or against such a motion has been permitted, when the rule should be the other way. Under the…