Boettcher v. Criscione

The opinion of the court was delivered by

Robb, J.:

These are consolidated appeals taken from orders of the trial court sustaining motions to strike allegations of appellant’s first amended answers. In case No. 40,125 the first amended answer was filed in response to appellee’s intervening petition in a partition suit originally filed by others and in case No. 40,126 it was in response to appellee’s petition to quiet title and for partition.

There were other parties in the original action in case No. 40,125 but the consolidated appeals involve only Max Wyman, who will hereafter be referred to as…