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7 Conn. Super. Ct. 4

Zweeres v. Pashalinsky

Connecticut Superior Court

Decided January 9, 1939

Connecticut Superior Court · decided 1939-01-09

Relies on Wilmot v. McPadden

Decided 1939-01-09

¶1A motion to strike out is an exclusive remedy and is designed to remove improper pleadings for any of the specific reasons found in section 61 of the Rules of Practice. The essential rights of the parties should not be determined on such a motion. Wilmot vs. McPadden,78 Conn. 276. Also, by express provision of section 100 of the Rules of Practice the objection of misjoinder of causes of action must be by demurrer.

¶2 The motions of the defendants as made are, therefore, overruled.

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