Freas v. Scott

Burling, C. C. J.

Motion has been made to strike out the complaint, pursuant to R. S. 2:27-125; N. J. S. A. 2:27-125, and Supreme Court rules 40 and 80 to 85, inclusive; N. J. S. A. tit. 2, by the defendant.

The attack is two-fold, namely — one, that the complaint is frivolous or insufficient in law, and two, it is sham.

Upon submission of said motion, affidavits in support of the motion^were presented by the defendant, but no affidavit in contravention thereof was presented by the plaintiff.

Upon the adjourned return day of the hearing upon said motion, oral argument was made by the defendant…