Lounsbury v. Eberlein

The defendants contend that (a) the plaintiffs could not raise the sufficiency of the defendants’ answer by motion to strike; (b) the plaintiffs waived objection that the separate defenses failed to state a defense; and (c) plaintiffs’ claims are “contingent claims” within the meaning of sec. 313.22, Stats.

In support of their contention that the sufficiency of the answers could not properly be challenged by motion to strike, the defendants rely on provisions in secs. 263.17, 263.175, and 263.19, Stats., and upon Paraffine Companies v. Kipp (1935), 219 Wis. 419, 263 N. W. 84.

Sec. 263.17,…