Majority
p. 563John Brooks Leavitt, Appellant, v. Lewis S. Chase, Respondent. Decided June 23, 1887. Before Sedgwick, Ch. J., Freedman and Truax, JJ. Sedgwick, Ch. J.
Headnote
Appeal by plaintiff from order denying motion to strike from complaint scandalous matter. Austen G-. Fox, for appellant. Abram Kling, for respondent.“ The motion was made more than twenty days after the complaint was served. There is reason, from the nature of this particular case, why the rule twenty-two should not be applied to it. It was properly denied. Per Curiam. Order affirmed, with ten dollars costs and disbursements.