Bauer v. Phelps

Plaintiff (1) moves under rule 103 of the Rules of Civil Practice to strike out as sham the separate defense contained in paragraphs 10 and 11 of defendant’s answer; (2) to strike out as sham and insufficient in law the separate defense alleged in paragraphs 12 to 16, inclusive; (3) to dismiss the counterclaim set up in paragraphs 12 to 16, inclusive, on the ground that such matter is not properly interposable as a counterclaim in this action; (4) to strike out the entire answer as sham and as interposed solely for the purpose of delay and for judgment pursuant to section 476 of the Civil…