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Justice v. Justice

163 A.D. 877 Court N.Y. App. Div. English

Contents

Majority

p. 877
Ewan Justice, Appellant, v. Julia T. Justice, Respondent.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 2d day of April, 1914, denying a motion for leave to serve an amended complaint.

The plaintiff, having been denied the right to frame issues because his complaint was not definite enough and was too general, should now be allowed to make his complaint more definite so that he may comply with the rule laid down by the judge at Special Term and have issues framed. The order appealed from is, therefore, reversed and the motion granted. Present—Ingraham, P. J., Laughlin, Clarke, Scott and Dowling, JJ. Order reversed, and motion granted.