Cochran v. Wyer

Plaintiff moves to strike out the first separate defense for legal insufficiency. Said defense reads: u On information and belief, that the complaint herein fails to state a cause of action.”

In opposition to this motion, defendant argues that rule 109 of the Rules of Civil Practice authorizes the striking out of a defense for insufficiency only where the defense “ consisting of new matter is insufficient in law.” He points out that the defense under attack does not consist of new matter, but is a conclusion of law.

So far from being an argument against this motion, the above statement…