In re the Application for the Removal of Cruikshank

New York Supreme Court

In re the Application for the Removal of Cruikshank

63 N.Y. St. Rep. 254

New York Supreme Court·Decided November 16, 1894·Published

Opinion

Per Curtail

The court, upon a practice motion, has no power to make an order of reference to hear and determine. The only order which can be made is to take the testimony, and report with his opinion. Upon the merits we are of opinion that the court had no authority to strike out relevant averments simply because they are claimed to be untrue. The order should be reversed, with $10 costs and disbursements, and motion denied with $10 costs.

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Per Curtail

The court, upon a practice motion, has no power to make an order of reference to hear and determine. The only order which can be made is to take the testimony, and report with his opinion. Upon the merits we are of opinion that the court had no authority to strike out relevant averments simply because they are claimed to be untrue. The order should be reversed, with $10 costs and disbursements, and motion denied with $10 costs.

In re the Application for the Removal of Cruikshank, 63 N.Y. St. Rep. 254 (N.Y. Super. Ct. 1894).

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63 N.Y. St. Rep. 254 (In re the Application for the Removal of Cruikshank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.