ZWEERES v. PASHALINSKY, 7 Conn. Sup. 4 (1939)


RAYMOND ZWEERES vs. MICHAEL PASHALINSKY, ET AL.

File No. 55999Superior Court New Haven County

The essential rights of parties should not be determined on motion to strike out. The objection of misjoinder of causes of action must be by demurrer.

MEMORANDUM FILED JANUARY 9, 1939.

Alexander Winnick, of New Haven, for the Plaintiff.

Pond, Morgan Morse, of New Haven; Israel Poliner, of New Haven, for the Defendants.

Memorandum on motions of defendants to strike out.

BOOTH, J.

A motion to strike out is an exclusive remedy and is designed to remove improper pleadings for any of the specific reasons found in section 61 of the Rules of Practice. The essential rights of the parties should not be determined on such a motion. Wilmot vs. McPadden, 78 Conn. 276. Also, by express provision of section 100 of the Rules of Practice the objection of misjoinder of causes of action must be by demurrer.

The motions of the defendants as made are, therefore, overruled.

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