Hollingsworth v. Ruckman

The facts pleaded in the case at bar to which the motion to strike was directed were neither relevant nor pertinent, nor could they be made the subject of a material issue, and were only placed there by the pleader for the sole purpose of arousing passion and prejudice and enlisting sympathy for his client, which they did to plaintiff's detriment, as shown by the verdict and judgment, and we respectfully maintain that the motion to strike should have been sustained. (Sec. 9166, Rev. Codes, 1921; 21 R.C.L. 595; Kerr's Pleading Practice, secs. 740, 741;Tynan v. Walker, 35 Cal. 634, 95 Am. Dec.…