Anthony v. Garrett

Nichols, Chief Justice.

This appeal results from a judgment overruling the appellants’ motion for new trial after a jury verdict for the defendant in the trial court in a land line dispute.

1. Where the trial court overrules a motion to dismiss for failure to state a claim, the plaintiff has not been harmed by the refusal of the trial court to strike such defensive pleading.

2. A defense which specifically admits some and specifically denies other paragraphs of the complaint is not subject to a motion to strike.

3. Where, as in the present case, the trial court refused to submit to the jury the…