Rogers v. Rogers

This is a separation action wherein defendant has interposed an answer in which he has asserted four separate and complete defenses, and a counterclaim. Plaintiff now moves to strike out paragraphs 5 to 14 of said answer containing said defenses, and also seeks to strike paragraphs 15 through 19 of the answer, which is a counterclaim for annulment. The basis for said motion-is that said defenses, consisting of new matter, are insufficient in law and, further, that the court has not jurisdiction of the subject of the counterclaim, that defendant does not have the legal capacity to recover on…