Zirn v. Bradley

In this action for libel plaintiff moved pursuant to rule 109 of the Rules of Civil Practice, as amended September 15, 1944, to strike out the defenses contained in defendants’ answer. One of the orders appealed from, dated November 3, 1944, granted plaintiff’s motion only to the extent of striking out the third defense, which pleaded truth as justification, as a complete defense, but permitted it to remain as a partial defense. The order also permitted defendants to serve an amended answer. The second order appealed from, dated November 6, 1944, denied plaintiff’s motion to modify, correct…