Elbert v. Village of North Hills

By a prior motion the appellants moved pursuant to rules 102,103 and 106 of the Rules of Civil Practice for the following alternative relief: (1) Dismissal of the complaint on the ground that it failed to state a cause of action; (2) for an order directing the plaintiff to serve an amended pleading upon the ground that there was a misjoinder of the parties plaintiff; ,(3) for an order striking from the complaint as improper, irrelevant and unnecessary paragraphs 1, 2 and 4 of the prayer for relief. The court granted the motion to dismiss the complaint and from the order entered thereon the…