¶1The 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.”
24 Jones & S. 610
Jones v. Jones
The Superior Court of New York City
Decided February 4, 1889
The Superior Court of New York City · decided 1889-02-04
<p>Appeal from an order denying plaintiffs’ motion to strike out certain portions of respondents’ answer.</p>
Decided 1889-02-04