Farmers' Bank of Weston v. Ellis

The disposition of the motion to strike disposes of practically all of the material issues presented on this appeal. Plaintiff claims that the further and separate answers and defenses are immaterial and irrelevant because by the former decision in this case defendants are precluded from making the defenses attempted by their answers. Motion to strike is the proper method of testing an answer on the ground that the allegations moved against are immaterial or irrelevant: Hubbard v. Olsen-Roe Transfer Co., 110 Or. 618 (224 Pac. 636).

It was determined in the former decision that the warehouse…