Allen v. Wall

The opinion of the court was delivered by

Dunbar, C. J.

The controlling question in this case is, did the court err in sustaining the respondents’ motion to strike a portion of appellant’s answer f Or, in other words, does the matter stricken out present facts sufficient to constitute an estoppel, if proven < We will not stop to discuss the question whether the objection should have been made by motion, or demurrer. The court probably treated it as a demurrer to the answer.

We do not doubt the soundness of the principles of law contended for by appellant, that “the judgment of a court of…