Lumbermens Mutual Casualty Co. v. Royal Indemnity Co.

The only question on appeal is whether the pleading constitutes a sufficient defense. Trial courts in the past have treated a motion to strike as a general demurrer when the motion was directed to an entire answer or to a complete and separate defense as being frivolous or sham. In such cases the motion is in legal effect a demurrer. See Wisconsin Face & Fire Brick Co. v. Southern Surety Co. (1925), 188 Wis. 383, 206 N. W. 204; Williams v. Journal Co. (1933), 211 Wis. 362, 247 N. W. 435. In Fleischmann v. Reynolds (1934), 216 Wis. 117, 256 N. W. 778, this court stated (p. 118) :

“A motion to…