Modica v. Martino

Kelby, J.:

The action is brought by a husband against the parents and brother of his wife for alleged -alienation of the wife’s affections. Rule 103 of the Rules of Civil Practice, under which the defendants moved, reads as follows:

“ Rule 103. Striking out matter contained in a pleading. If any matter, contained in a pleading, be sham, frivolous, irrelevant, redundant, repetitious, unnecessary, impertinent or scandalous or may tend to prejudice, embarrass or delay the fair trial of the action, the court may order such matter stricken out, in which case the pleading will be deemed amended…