Bolick v. Gallagher

{dissenting). I agree that it has been definitely established that an order striking portions of an answer is not appealable. I do not agree, however, that we cannot or should not in this case treat the motion as a demurrer as defendants request we do.

“A motion to strike out in its entirety a separate defense is, in its legal effect, a demurrer.” Williams v. Journal Co. 211 Wis. 362, 365, 247 N. W. 435.

The defense which was stricken by the trial court is contained in its entirety in paragraph 6 of the answer. It is not seriously contended that it does not state a defense, at least pro tanto.…