Aetna Life Insurance Co. v. Lindley

This matter came before me on a motion to strike out the bill of complaint after answer filed.

In the answer, the defendant has attempted to reserve the right to make the said motion. At law, a party may either move to strike out the objectionable pleading or may reserve the right to do so in his answering pleading. S.C.R. 40. No such rule, however, exists in equity. The rules of this court provide that objections to pleadings must be by motion.Rules 69 and 77. After a defendant has pleaded to the merits he will not be permitted to move to strike out the bill.Ireland v. Kelly, 60 N.J. Eq. 308.…