Mitnacht v. Hawthorne
New York Supreme Court
Motion to strike out a reply.
1Opinion of the Court
Gaynob, J.:
The pleadings here are a fine sample of the way of pleading which has become the vogue in ¡New York county, and which is such an annoyance to trial judges. It is quite impossible to make out what issue they present without a laborious scrutiny of them. The action is in ejectment. Instead of a complaint in scientific form that the plaintiff is the owner and entitled to the possession of the property, we have a long paper called a complaint which purports to set out the history and chain of the plaintiff’s title, which is a matter of evidence and not of pleading. Then comes the…
2Cases cited8 opinions
- Flack v. O'BrienNew York Supreme Court · 1897
- McManus v. Western Assurance Co.New York Supreme Court · 1898
- Green v. BrownNew York Supreme Court · 1898
- Kelly v. SammisNew York Supreme Court · 1898
- von Hagen v. Waterbury Manufacturing Co.New York Supreme Court · 1898
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3Cited by4 opinions
- Territory v. Kitabayashis.Hawaii Supreme Court · 1956
- Brown v. FishNew York Supreme Court · 1902
- Dickson v. NilesNew York Supreme Court · 1924
- Pigot v. McKeeverNew York Supreme Court · 1900