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Stephen H. Emmons, Respondent, v. The McMillan Co., Appellant

New York City Court1897-05
20 Misc. 400

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Conlan, J.

Appeal from an order striking out paragraphs 3 and 4 of the defendant’s answer as redundant and irrelevant. The courts do not favor motions to expunge portions of pleadings. The appropriate remedy for plaintiff is by demurrer or by motion on the trial. The order, appealed for must be reversed, with costs.

Schuohmaw, J., concurs.

•Order reversed, with costs.