Southern Cotton Oil Co. v. Bryant

The opinion of the Court was delivered by

Mr. Acting Justice C. J. Ram age.

Action on note. Complaint in usual form and verified. The answer contains three defenses: (1) A general denial; (2) material alteration of note sued on; (3) failure of consideration.

Plaintiff respondent gave notice of motion to strike out answer on ground that same was sham and frivolous, and, failing in that, to strike out the third defense on same ground. Also gave notice of demurrer as to the first and second defenses.

Upon hearing the motion to strike out the answer, his honor, the Special Judge, granted motion, and,…