Taverna v. Churchill

The opinion of the court was delivered by

YooRHEes, J.

This is a motion to strike out six replications on the ground that they are irregular and defective and put in issue matter of record which cannot be tried by a jury, and cause a multiplicity of issues and are so framed as to prejudice, embarrass and delay a fair trial.

The action is one of trespass, vi el armis and for false imprisonment. The first count of the declaration alleges that the defendant assaulted the plaintiff, seized and laid hold of him with great force and pulled and dragged him about and forced and compelled him to go along…