Opinion

Seaton v. Board of Education

  • 253 A.D. 736
  • 300 N.Y.S. 633
  • 1937 N.Y. App. Div. LEXIS 5380
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 10, 1937
Status
Published
Cited by
0 cases

The opinion

Order striking out paragraphs VIII and IX of the defendant’s answer reversed on the law, with ten dollars costs and disbursements, and motion to strike out denied, with ten dollars costs. The allegation that the claim was “ duly audited and allowed ” is sufficient in a pleading. A pleader is not required to set forth the evidence by which the material facts he alleges are to be proved, but it is sufficient if he make a plain and concise statement of those facts showing their legal effect. Hagarty, Davis, Adel, Taylor and Close, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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