Corlies v. Delaplaine

Sandford, J., after advising with Oakley, Ch. J., and Paine, J., denied the motion, because the plaintiff had put in a reply [681] before he gave notice of his application. He said it was deemed best to require the party to object promptly, to matter alleged to be redundant or irrelevant; and answering the pleading should be considered as a waiver of such objection. Motion denied.