History
  • No items yet
midpage
Rathbun v. Markham
43 How. Pr. 271
N.Y. Sup. Ct.
1872
Check Treatment
James C. Smith, J.

—Motion under section 160 of the Code,- to require parts of the complaint to be made definite and certain. ^Such a motion is a substitute for a special demurrer for want of form, and the moving papers should point out wherein the alleged defect consists. The motion papers in this case being defective in that respect, the motion is denied, but without costs (as the question is new), and with leave to renew it at the next special term, and time to answer is extended till that term. Ordered accordingly.

Case Details

Case Name: Rathbun v. Markham
Court Name: New York Supreme Court
Date Published: Apr 15, 1872
Citation: 43 How. Pr. 271
Court Abbreviation: N.Y. Sup. Ct.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.