Kafka v. O'Malley

Peterson, Justice.

This appeal involves three questions: (1) Whether a motion to strike an answer as sham and frivolous should be dismissed where within the time for making amendments as of course and before the hearing on the motion defendant amends the answer, but in such a way as to leave it vulnerable to the motion to strike, and after interposing the amended answer procures continuances of the hearing on the motion to strike and in open court at one of the adjournments pays to plaintiff a substantial part of the amount claimed in the complaint; and, if the motion should not be dismissed,…