Neresheimer v. Bowe
New York Court of Common Pleas
■ Appeal from an order of this court denying a motion to strike out .part of a complaint as irrelevant and redundant. The allegations of the complaint are -stated ante, p. 301, 302. The defendant made a. motion to have the words on p. 302, printed in italic, stricken from the complaint as irrelévant or redundant matter, and in case such motion was denied, he moved that the plaintiff be required to separately state and number the several causes of action stated in the…
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■ Appeal from an order of this court denying a motion to strike out .part of a complaint as irrelevant and redundant. The allegations of the complaint are -stated ante, p. 301, 302. The defendant made a. motion to have the words on p. 302, printed in italic, stricken from the complaint as irrelévant or redundant matter, and in case such motion was denied, he moved that the plaintiff be required to separately state and number the several causes of action stated in the complaint. This motion was denied, and from the order denying such motion the defendant appealed.
1Opinion of the Court
Van Brunt, J
It is impossible, by an examination of this complaint, to determine whether the plaintiff in this action seeks to charge the sheriff as bail, or to recover damages for escape. All the allegations of the complaint prior to the clause which has been quoted in the foregoing *308statement of'facts (ante, p. 302) would be equally necessary in an action for an escape, or in an action to charge the sheriff as bail. If it is sought to charge the sheriff as bail, the allegations contained in the complaint as to his escape are entirely irrelevant and redundant; if it is sought to recover,…
2Cited by2 opinions
- Emmens v. McMillan Co.Appellate Terms of the Supreme Court of New York · 1897
- Garfield National Bank v. KirchweyAppellate Terms of the Supreme Court of New York · 1896