Ingersoll v. Dixon

New York Supreme Court

Ingersoll v. Dixon

20 N.Y.S. 810, 49 N.Y. St. Rep. 372

New York Supreme Court·Decided November 18, 1892·Published·Cited by 1 cases

Opinion

Van Brunt, P. J.

We see no reason upon this appeal for interfering with the order made by the court below. The objections made to the defenses sought to be stricken out seem to be principally that they were insufficient as such defenses. We are of opinion that the more orderly course requires that such objections should be raised by demurrer, rather than by motion to strike out. The order should be affirmed, with $10 costs and disbursements.

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Van Brunt, P. J.

We see no reason upon this appeal for interfering with the order made by the court below. The objections made to the defenses sought to be stricken out seem to be principally that they were insufficient as such defenses. We are of opinion that the more orderly course requires that such objections should be raised by demurrer, rather than by motion to strike out. The order should be affirmed, with $10 costs and disbursements.

Ingersoll v. Dixon, 20 N.Y.S. 810, 49 N.Y. St. Rep. 372 (N.Y. Super. Ct. 1892).

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Opinion

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