Jones v. Hawes , 24 N.Y. St. Rep. 820 ( 1889 )

Sedgwick, Ch. J.

I am of opinion that the learned judge below did not err in refusing to strike out the allegations of the answer as irrelevant. They were not irrelevant to the position taken by the defendant, either as a defense or by way of counter-claim. Her position may not have been correct. That could not be determined against her, on the motion to strike out matter as irrelevant.

The order should be affirmed, with costs.

Truax, J., concurs.