¶1The motion to strike out the portions of the complaint specified in the notice of motion should, I think, be granted. The allegations objected to relate rather to the evidence by which a cause of action may be established upon the trial, than to a statement of the facts constituting a cause of action. Even under the Code I do not understand that it is proper to plead the evidence by which a cause of action is to be established. In other words, the resultant, not the evidentiary, facts should be pleaded. $10 costs to defendant to abide event.
9 Abb. N. Cas. 48
Badeau v. Niles
Decided June 15, 1880
New York Supreme Court · decided 1880-06-15
Motion to strike out portions of the complaint. This action was brought by Marie E. Badeau (a cestui que trust), individually, and as executrix and trustee under the will of Nathaniel Niles, deceased, against Nathaniel Niles, as executor and trustee under the said will, Amelia B. Wilbaux (a cestui-que trust), individually, and as executrix and trustee under the said will, and others interested in the will, to remove the said Nathaniel Niles from his trusteeship and to…
Decided 1880-06-15