Associated Mutuals Inc. v. Pope Lumber Co.

Candler, Justice.

(After stating, the foregoing facts.) We shall deal first with the assignment of error on the exceptions pendente lite to the overruling of the plaintiff’s oral motion to strike paragraph 2 of the answer in its entirety, because it contained inconsistent or contradictory defenses. “No part of an answer shall be stricken out or rejected on account of being contradictory to another part of the same, but the court shall suffer the whole answer to remain, if the defendant should desire it, and avail himself of any advantage he can or may have under either or the whole of said…