Wisner v. Nichols

I. Plaintiff’s petition in two counts charged libel by the defendant. Defendant filed a motion to strike different parts of the two counts of the petition, which was sustained, to which ruling plaintiff excepted. The effect of the ruling on the motion was to strike from the files all of the essential statements in plaintiff’s cause of action, the legal sufficiency of which was challenged by the motion. Both parties have in argument treated the motion as having worked all the purposes of a demurrer, and an examination of the record satisfies us that, although carrying a different name, it…