Jones v. Jones

Superior Court of New York

Jones v. Jones

4 N.Y.S. 628

CourtThe Superior Court of the City of New York and Buffalo

DecidedMarch 15, 1889

StatusPublished

This text of 4 N.Y.S. 628 (Jones v. Jones) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Jones, 4 N.Y.S. 628 (superctny 1889).

Pincite

Opinion

Sedgwick, 0. J.

I am of opinion that the learned judge below did not err in refusing to strike out the allegations of the answer as irrelevant. They were not irrelevant to the position taken by the defendant, either as a defense or by way of counter-claim. Her position may not have been correct. That could not be determined against her, on the motion to strike out matter as irrelevant. The order should be affirmed, with costs.

Truax, J., concurred.

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Sedgwick, 0. J.

I am of opinion that the learned judge below did not err in refusing to strike out the allegations of the answer as irrelevant. They were not irrelevant to the position taken by the defendant, either as a defense or by way of counter-claim. Her position may not have been correct. That could not be determined against her, on the motion to strike out matter as irrelevant. The order should be affirmed, with costs.

Truax, J., concurred.

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Bluebook (online)

4 N.Y.S. 628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-jones-superctny-1889.