Badeau v. Niles

New York Supreme Court

Badeau v. Niles

9 Abb. N. Cas. 48

CourtNew York Supreme Court

DecidedJune 15, 1880

StatusPublished

Cited by4 cases

This text of 9 Abb. N. Cas. 48 (Badeau v. Niles) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Badeau v. Niles, 9 Abb. N. Cas. 48 (N.Y. Super. Ct. 1880).

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Opinion

Lawrence, J.

The motion to strike out the portions of the complaint specified in the notice of motion should, I think, be granted. The allegations objected to relate rather to the evidence by which a cause of action may be established upon the trial, than to a statement of the facts constituting a cause of action. Even under the Code I do not understand that it is proper to plead the evidence by which a cause of action is to be established. In other words, the resultant, not the evidentiary, facts should be pleaded. $10 costs to defendant to abide event.

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Lawrence, J.

The motion to strike out the portions of the complaint specified in the notice of motion should, I think, be granted. The allegations objected to relate rather to the evidence by which a cause of action may be established upon the trial, than to a statement of the facts constituting a cause of action. Even under the Code I do not understand that it is proper to plead the evidence by which a cause of action is to be established. In other words, the resultant, not the evidentiary, facts should be pleaded. $10 costs to defendant to abide event.

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Bluebook (online)

9 Abb. N. Cas. 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/badeau-v-niles-nysupct-1880.

Opinion

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