Sheridan v. Tucker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Martin Sheridan, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 11th day of January, 1910, denying the plaintiffs motion to strike out of the defendant’s answer to the amended complaint herein certain allegations alleged to be irrelevant and scandalous.
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Appeal by the plaintiff, Martin Sheridan, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 11th day of January, 1910, denying the plaintiffs motion to strike out of the defendant’s answer to the amended complaint herein certain allegations alleged to be irrelevant and scandalous. The motion was denied “ solely on the ground that the application is made in violation of the provisions of Buie Twenty-Two of the General Buies of Practice.” , The action was commenced by the service of a summons and complaint…
1Opinion of the Court
McLennan, P. J.:
The answer served by the defendant in its 1st subdivision admits certain allegations contained in the amended complaint. *438In the 2d subdivision defendant “ denies each and every other allegation in said complaint contained, not hereinbefore or hereinafter admitted, qualified, explained ór denied.” The 3d subdivision, in which is contained the alleged irrelevant ayd scandalous matter, is as follows: “ For a separate defense the defendant alleges that on or about .the 20tli day-of March, 1907, the plaintiff assigned and delivered to the defendant said twenty-seven shares of the…
2Cases cited1 opinion
- Kaughran v. KaughranAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- In re the Estate of RaleighNew York Surrogate's Court · 1911
- Campbell v. State Highway CommissionMissouri Court of Appeals · 1940