Joslin v. Continental & Commercial National Bank

The answer in a single division pleaded matters which both parties construe to be an attempt to set up payment and estoppel. Plaintiff moved to strike portions of this answer. After the filing of motion to strike Niles & Watters Savings Bank amended setting up largely in different form the same matters.- Plaintiff moved to strike from this amendment and also to strike the amendment as a whole. The first motion was largely sustained. No ruling was made upon the second. The record does not show that defendant either stood upon its answer or suffered judgment. Ordinarily an appeal will not lie…