Stanbery v. Baker

Emeky, V. C.

This motion to strike out a demurrer is made upon the ground that it is frivolous, uncertain and without merit. The motion cannot be considered as made under the two hundred and thirteenth rule, allowing objections to any pleading to be made upon motion, for such motion, under this rule, is one which is made in lieu of a demurrer or exception, and is a waiver of demurrer or exception by the express provision of the rule. The rule, therefore, does not authorize a motion to strike out a demurrer. Nolan v. Nolan (Chancellor McGill, MS., Conclusions). The notice of motion here does…