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4 N.Y. Super. Ct. 682 2 Sandf. 682 Court N.Y. Super. Ct. Decision date 1850-01-26 English

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p. 682
Anon.

On an appeal from chambers, the court decided that on a motion to strike matter out of a pleading'as irrelevant, redundant or frivolous, it would be governed by the consideration whether it was in any way questionable as to the matter being good in point of law. If there were any reasonable doubt as to the

p. 683
matter being pertinent, the court should put the party to his demurrer. In respect of matter palpably redundant or frivolous, the court will strike it out of course,

January 26, 1850.