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Jones v. Jones

56 N.Y. Super. Ct. 610 24 Jones & S. 610 Court N.Y. Super. Ct. Decision date 1889-02-04 English

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p. 610
Morgan Jones, et al., Appellants v. Adelaide Jones, Impleaded, Respondents.
Decided February 4, 1889.

Headnote

Appeal from an order denying plaintiffs’ motion to strike out certain portions of respondents’ answer.
T. B. Clarkson, for appellants. David B. Ogden, for respondents.
Before Sedgwick, Ch. J., and Truax, J.

The Court held (Per Curiam) “ that where averments in an answer are relevant to ‘the position taken by the defendants, either as a defence or by way of counter claim, they cannot be stricken out; that the correctness of defendant’s position cannot be determined on such motion and the matter stricken out if it be found incorrect; and that the order should be affirmed.”