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Leavitt v. Chase

54 N.Y. Super. Ct. 563 22 Jones & S. 563 Court N.Y. Super. Ct. Decision date 1887-06-23 English

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Majority

p. 563
John Brooks Leavitt, Appellant, v. Lewis S. Chase, Respondent.
Decided June 23, 1887.

Headnote

Appeal by plaintiff from order denying motion to strike from complaint scandalous matter. Austen G-. Fox, for appellant. Abram Kling, for respondent.
Before Sedgwick, Ch. J., Freedman and Truax, JJ. Sedgwick, Ch. J.

“ 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.