Ellis v. . Ellis

The denial of a motion made in apt time to strike from a complaint irrelevant and redundant matter affects a substantial right and is appealable. Conversely the granting of such motion is not such an interlocutory order as to foreclose review by the appellate court. Hosiery Mills v. Hosiery Mills, ante, 596. C. S., 537.

A complaint is the story of the cause or causes of action which the statute requires to be told in “a plain and concise statement . . . without unnecessary repetition.” C. S., 506. As to what constitutes “unnecessary repetition” is often times a vexing problem which can only be…