Widenhouse v. Russ

The first assignment of error presented by appellant, based upon her exception to the ruling of the trial court in striking out all of paragraphs two, three and five of her further answer and defense is well taken.

While the averments in paragraphs two and three are in the main evidentiary, they were not stricken for that cause. And the averments in paragraph five are sufficient to constitute a denial that she was indebted to defendant Euss in any amount on account of construction of building in question, and to admit of proof in the respects averred.

The statute G-.S. 44-6 in pertinent part…