Jones v. Jones

24 Jones & S. 610

• Court: The Superior Court of New York City
• Decided: February 4, 1889
• Status: Published

Opinion

The Court held (Per Curiam) “ that where averments in an answer are relevant to ‘the position taken by the defendants, either as a defence or by way of counter claim, they cannot be stricken out; that the correctness of defendant’s position cannot be determined on such motion and the matter stricken out if it be found incorrect; and that the order should be affirmed.”