Ahlemeyer v. Miller

The opinion of the court was delivered by

Kalisch, J.

This is an appeal from a judgment entered in the Supreme Court in favor of the plaintiff against the defendants, in an action of ejectment, on a denial of a motion to strike out the plaintiff’s complaint. The motion was argued by consent before Mr. Justice Minturn.

Because of the unusual procedure adopted in this case it becomes necessary to refer at some length to the complaint filed by the plaintiff and the character of the notice given on behalf of the defendants to strike out the complaint. Turning to the record we find that the summons…