Hyperlawhypertext legal database Corlies v. Delaplaine 4 N.Y. Super. Ct. 680

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Corlies v. Delaplaine

4 N.Y. Super. Ct. 680 2 Sandf. 680 Court N.Y. Super. Ct. Decision date 1850-01-15 English

Delivered by Sandford, J.,

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p. 680
Corlies v. Delaplaine.

Headnote

A motion to strike irrelevant or redundant matter out of a pleading, will not be granted, where the party before moving, answers or replies to such pleading.
January 15, 1850.
Motion to strike irrelevant matter out of an answer. It appeared that before moving, the plaintiff had replied to the answer.
M. Porter, for the plaintiff.
J. F. Delaplaine, Jr., for the defendant.

after advising with Oakley, Ch. J., and Paine, J., denied the motion, because the plaintiff had put in a reply

p. 681
before he gave notice of his application. He said it was deemed best to require the party to object promptly, to matter alleged to be redundant or irrelevant; and answering the pleading should be considered as a waiver of such objection.

Motion denied.