Woost v. Herberger

Stone, Justice.

This appeal by defendant from an order striking certain portions of his answer as sham presents a single question of law. May defendant in a slander suit plead in defense both a general denial and also the truth of the alleged slanderous statements?

Plaintiffs position is based on the assumed inconsistency of the two defenses. If that were the correct view, which it is not, the remedy would be by motion to compel an election rather than one to strike. Conway v. Wharton, 13 Minn. 145 (158). Were the rule otherwise, plaintiff, rather than defendant, would have the election as…