Okin v. Railway Express Agency

Burling, C. C. J. and S. 0. C.

Motion has been made by the plaintiffs for an order:(a) Striking out, severally and jointly:

“A. The entire answer;

“B. The general denial contained in the answer;

“C. Each affirmative or separate defense contained in the answer.”

Upon the following grounds:

“1. That same are untrue in fact and sham.

“2. That same are insufficient in law to constitute a defense or defenses to the complaint.

“3. That same are frivolous.

“4. That same are repetitious.

“5. That same are argumentative.

“6. That same are so framed as to embarrass or delay a fair trial.”(b) And for summary…