Emmons v. McMillan Co.
20 Misc. 400, 45 N.Y.S. 1026
This text of 20 Misc. 400 (Emmons v. McMillan Co.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Emmons v. McMillan Co., 20 Misc. 400, 45 N.Y.S. 1026 (N.Y. Super. Ct. 1897).
Opinion
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.
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Bluebook (online)
20 Misc. 400, 45 N.Y.S. 1026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emmons-v-mcmillan-co-nynyccityct-1897.