Beardsley v. Gaylord

2 Citing cases

  1. Pope v. Kelly

    30 App. Div. 253 (N.Y. App. Div. 1898)   Cited 5 times
    In Pope v. Kelly (30 App. Div. 253) we find the following: "So we say that when the matter is fairly doubtful, whether the complaint states more than one cause of action and the plaintiff intends to state but a single one, a motion of this character should not be granted, but the defendants left to their remedy by demurrer."

    "Where matter alleged to be irrelevant is not obviously so, but requires an elaborate argument to show its irrelevancy, a motion to strike out will be denied." ( Gaylord v. Beardsley, 25 N.Y. Supp. 598.) So we say that when the matter is fairly doubtful, whether the complaint states more than one cause of action and the plaintiff intends to state but a single one, a motion of this character should not be granted, but the defendants left to their remedy by demurrer. ( O'Brien v. Blaut, 5 App. Div. 223.)

  2. Wood v. McGuire

    26 Misc. 200 (N.Y. City Ct. 1899)

    Such an order cannot be sustained. Gaylord v. Beardsley, 46 N.Y. St. Repr. 523. The court directed that the issue remain as of the original date, and that the cause be placed upon the day calendar for trial for the first Monday of December, 1898.