The Minnesotian. [volume] (St. Paul, Minn. Territory) 1851-1852, 1851-12-27

J. w. North, L. w. Merri'I,
|. X. Murphy, c. seccymbe,
{. u. AmcS.
.~~~o-~~---------------..
BEFORE HIS HONOR. rII!EF JUSTICE FUL
LER.
AT cHAMB RS. lie .m1er 30 1851.
Nathaniel M'Lea' MOTIF to >rikr ou the wh'leor ii,
". an wrro for in>ntiici, NY. por.ion
Charles J: IIrnn'>s ior rcdunGancy ana ircI,,anc,.
y Him. NJ. Rcr.
Ills is an action to recover the amount
oTtwo promissory noes FOR $lCC0. e ch,
made by Hcrn>s and inior>ed " Rice
and given to D"vil O'ms.cd, and by lin
Endorsed to tie plf:: The defence Sc. up
by the Delts. is that the said noes were
given Tor an expected benefit which tie
sid Henni,s mi sht (erive r,m the prin =
irg Of tie last session o. tie legislature
that such was Tic c,nsi ,cra'ion O. the
no es, that the co,Silcr.t ion hid f; Cd
The answer then goes on at great lcrg,L
10 dc all q great variety Of circum> arc, $.
to sustain the d. eocc sci mp. al cont, ms
in al about eight closely written pages.
Tie Plfl moved tie court to strike on, all
but about one rgc, !or irrclevancy and
redundancy.
Alter the case hid Lccn argued lv
counsel, his Honor, Ju q Fuller. gran
e | The molten, and delivered lie lo'low-
ing abe opiHlon. which settles some o.
the most mpurt.n, pri' cites contain, d
IN the new SIS TIN pr.ciioc ldoplc LN
lie las, legi> azure. The m ion WIS ~
gurd by Wi klnson an Nelson. for TG
and lIollin> heal Tor Re :.
The motions 20 strike oul Il G answers
on the ground that HE matters sc; M I,y
Lem do not col ne ii sufficient de-
:,ncc. must be ,eni,d a motion to
s'rikc Oh is not or in..ri;.'y the pr, pr
IN lie o t,'lng I:lvarl geo such ,lc &C; :.
IN e>s tie De- 5 sh.m-pn in in la /
';i h Tor dc'"v mare Y. II lie :n.wcrs
ere Insufficient in law 20 prec'u e lie
= 'antili from reco>eri' g. e IS cnlii'ci 10
The .iu emcnI Of lie clurt in his iay n.
that he have the re'iei demanded in his
Complain, provided his statement of his
OWN Sc warrants il. He does not OBJ
tain such in gment. by mercy procur-
ing the answers to be stricken from Tie
flies O the c,ur. BIZ ha;irg l,re that.
to ;cc' mp!i,h lis olj,ct l., must sill
Nuke another IN We, and ask tie ccur'
for .iu gmen, .g inst he de en- lns Tor
want OF an answer. The obi, Ct Ihus
sought to be attained BY Two successive
mo IONS. ON be oh';i0cd. ii all in hat
mode W tn more convenience TO the ceur,
and parties in one; ana tie Plaintiff whcm
entitled 10 have sham defence rcken
ont, r. S 1913. Sec. 10, nigh better move
at once. AMI on the same no ice. 10 ri'le
out and a 50 for ntlemen. for want of an
answer. But in other cases, is this is an
indirect and clumsy mo e o. attaining The
Office, a more appropriate and cqu Nv
otlic ciois course if allow ,ble. wJu II he
to move the court Tor iu 'gmcnt against
The defendant on the ground OF tic INSULT
CLERGY of the answer in law. a. m V n.w
erl APPS be done, on he ground III !, it is
frivolous. l. Cole Rep. 80; ID, p; SI,
and 81. The answer would The u rem i'm
AN constitute pprt OF the rec ord. AS ii
ought TO in order that an appellate c. ,urt
might see whether the ju 'pmcm was cor
rect. Were there no other mode prGyi-
dcd for les ing the >nliciercy of an an
swer pm; in in goo iai'h, and not irivo-
ous, should holl there ore, motion
Tor ju lgmcnt, AMI not mo ion TO strike
ont, to be The appropriate one.
But the law has provided two other
modes. BY section 10, page 1898 r. S
a trial on complaint and answer alone. is
recognize in terms. AMI provision made
Tor the wi lhdrawal or amcn,lmen, of the
answer III case judgment be given for the
p ainliii-in o'hcr words if the answer i.
'herenpon he'd 10 be insult cicm. This
practice, Is borrowed from that ol the cour,
,I chancery, in which he efficiency o. II.
deience sci NJ in an answer is tested. lv
bringing on the hearing upon bill and nm
Swer on! Y. instead of by demurrer. and
is analogous to it. 1t my be adop. ed, rs
wei where matter in avoidance is sci IN
as where there is counter elm: and
upon the trial tie court if required can
look back through The matte Of The com
pant and see whether 4 a is sufficient
20 require an answcr. Tie pl2in,iir in
s''S e-se, Ii he wished 10 test The suiGc.en.