Burkert v. Bennett

It would be difficult to draw a more illiterate

and unscientific answer; but the plaintiff has mistaken the remedy against most of it. The four so-called “ defences ” cannot be struck out for insufficiency. The remedy is demurrer. The introduction to each one, however, in these words, viz., “ and repeating the allegations and denials hereinbefore set forth as completely as if herein fully set forth ”, must be struck out as irrelevant and redundant. A “ defence ” must be complete in and of itself, and can consist only of “ new matter ” which constitutes a defence to the action, i. e., new…