Powell v. Powell

This is a motion, pursuant to rule 103 of the Rules of Civil Practice, to strike as sham and frivolous from an answer, a denial of a certain allegation in the first cause of action in the complaint in this action, and a motion pursuant to rule 109 of the Rules of Civil Practice, to strike out certain defenses to said cause of action as insufficient in law. It is true, as defendant claims, that the motion pursuant to rule 109 “ searches the record ”, and that the court should first consider the claim now made by defendant that the first cause of action is insufficient in law.

By the said first…