Norton v. National Commercial Bank & Trust Co.

Hall, Judge.

The defendant’s answer to a suit on a note dated June 15, 1956, denied the indebtedness and alleged that the note was paid on or about March 18, 1955. On motion of the plaintiff the trial court struck the defendant’s answer and thereafter entered judgment for the plaintiff. On this appeal by the defendant the controlling assignment of error is whether the trial court erred in striking the answer.

A party may at any time before verdict, either orally or in writing, move to strike the petition or answer of the opposite party, on the ground that no cause of action or defense is set…