Riggs v. New Jersey Fidelity & Plate Glass Co.

A third amended answer was filed by defendant. Motions to strike a portion of the former answers were interposed by plaintiff and the ruling thereon assigned as error. As the pleadings to which the motions were directed have been superseded by an amended answer and are no longer a part of the record, we cannot consider this assignment. Plaintiff interposed a demurrer to defendant’s third amended answer, which the trial court overruled and which ruling is assigned as error.

Before noticing the allegations of the answer, it may be stated that the rule appears to be in such cases, of the alleged…