Watters v. Mayor of Bayonne

Lane, V. C.

This is a motion to strike ont answers filed by defendants in lien of pleas.

Under the old practice the defence would be set up by pleaá and the pleas would be set down for hearing to test their legal sufficiency. Under the present practice the objection is made by motion to strike out. Rules 67, 68 and 75. The question is whether the answers, present a legal defence. The bill is filed upon the authority of McKinley v. Chosen Freeholders of Union County, 29 N. J. Eq. 164, and McCormick v. Mayor and Common Council of the City of New Brunswick, 83 N. J. Eq. 1, to enjoin the city of…