Kelly v. Malone

1. A motion to strike a paragraph, of the defendant’s answer is an oral demurrer thereto. Exception to the judgment rendered! upon such a motion must be preserved by exceptions pendente lite, unless the bill of exceptions is certified within thirty days from the day *619of the judgment of which complaint is made. A ruling upon a motion ta strike either a part or the whole of a defendant’s answer can not be reviewed by a motion for new trial.

Complaint, from city court of Montieello — Judge Thurman. March 11, 1908. Submitted May 8, 1908. Decided February 9, 1909. A. T. Clement, for plaintiff in…