McGarahan v. Sheridan

Citations

• 106 A.D. 532
• 94 N.Y.S. 708
• 1905 N.Y. App. Div. LEXIS 2622

Syllabus

<p>Complaint in equity — motion to strike out certain allegations as irrelevant —when not granted.</p> <p>In a. suit in equity tlie pleader ds not confined with the .same degree of strictness to allegations of the material factsi alone as he is in an action at law.</p> <p>A motion made toy the defendant in an action in equity to have certain allegations stricken from the complaint as irrelevant . and redundant should be denied, where the allegations In question ,ar.e .mainly allegations of inducement and it does .not appear that the defendant is prejudiced oy their presence.</p>