¶1—Motion under section 160 of the Code,- to require parts of the complaint to be made definite and certain. ^Such a motion is a substitute for a special demurrer for want of form, and the moving papers should point out wherein the alleged defect consists. The motion papers in this case being defective in that respect, the motion is denied, but without costs (as the question is new), and with leave to renew it at the next special term, and time to answer is extended till that term. Ordered accordingly.
43 How. Pr. 271
Rathbun v. Markham
Decided April 15, 1872
New York Supreme Court · decided 1872-04-15
Motion to make more definite and certain, parts of the complaint. The notice of motion asked that certain allegations of the complaint specified in the notice, “ being allegations so indefinite and uncertain that the precise nature of the charge is not apparent, may be required to be made definite and certain by amendment, or that said allegations may be stricken out as irrelevant and redundant.”
Cited by 1 later decisions — most recently May 1886
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1872-04-15
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