irrelevant allegation

irrelevant allegation
One which has no substantial relation to the controversy between the parties to the suit, and which cannot affect the decision of the court. Wayte v. Bowker Chemical Co., 196 App.Div. 665, 187 N.Y.S. 276, 277; Commander Milling Co. v. Westinghouse Electric and Mfg. Co., C.C.A.Minn., 70 F.2d 469, 472.
The test of any allegation being whether it tends to constitute a cause of action or a defense. Isaacs v. Salomon, 159 App.Div. 675, 144 N.Y.S. 876, 877.
See also immaterial argument.
An allegation is irrelevant, where the issue made by its denial has no effect upon the cause of action or no connection with the allegation. In this connection, "redundant" is almost a synonym for "irrelevant". Irrelevant matters may be stricken from pleadings on motion of party. Fed.R.Civil P. 12(f)

Black's law dictionary. . 1990.

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  • irrelevant allegation — One which has no substantial relation to the controversy between the parties to the suit, and which cannot affect the decision of the court. Wayte v. Bowker Chemical Co., 196 App.Div. 665, 187 N.Y.S. 276, 277; Commander Milling Co. v.… …   Black's law dictionary

  • immaterial — Not material, essential, or necessary; not important or pertinent; not decisive; of no substantial consequence; without weight; of no material significance. See also impertinence irrelevancy irrelevant allegation Compare material; material fact;… …   Black's law dictionary

  • immaterial — Not material, essential, or necessary; not important or pertinent; not decisive; of no substantial consequence; without weight; of no material significance. See also impertinence irrelevancy irrelevant allegation Compare material; material fact;… …   Black's law dictionary

  • irrelevancy — The absence of the quality of relevancy, as in evidence or pleadings. The quality or state of being inapplicable or impertinent to a fact or argument. Irrelevancy, in an answer, consists in statements which are not material to the decision of the …   Black's law dictionary

  • irrelevancy — The absence of the quality of relevancy, as in evidence or pleadings. The quality or state of being inapplicable or impertinent to a fact or argument. Irrelevancy, in an answer, consists in statements which are not material to the decision of the …   Black's law dictionary

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