Legal Opinion

Brown v. Fish

New York Supreme Court

Decided March 15, 1902PublishedCited by 2 opinions

Action of ejectment. Motion by the defendants to strike out allegations of the complaint for being irrelevant and redundant.

1Opinion of the Court

Gaynob, J.:

This is an action of ejectment. A scientific and proper complaint- would be in so many, words and no more that the plaintiffs are the owners in fee of the property and entitled to the immediate possession thereof, and that the defendants are in unlawful possession thereof and unlawfully withhold the same from the plaintiffs. Hnder this anything and everything tending to show title and right of possession in the plaintiffs could be proved upon the trial. Instead of such a complaint, time honored *368and -established, we have here a long complaint of six typewritten pages which I have…

2Cases cited2 opinions

  1. Mitnacht v. HawthorneNew York Supreme Court · 1900
  2. Schroeder v. PostAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by2 opinions

  1. Rockwell v. DayAppellate Division of the Supreme Court of the State of New York · 1903
  2. Brown v. FishNew York Supreme Court · 1903

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