Conway v. Wilson

Bird, V. C.

The motion to strike out goes to the whole answer, and in the language of the notice is because “ (1), that said answer is not *458responsive to the allegations of the bill of complaint, and does not set up any defence to said bill of complaint; (2), that said answer admits all the equity claimed in the bill.”

The last reason given makes it most plain that the motion is too broad. Where the complainant expressly charges an equity, and calls upon the defendant to answer such charge, he cannot call upon the court to strike all the answer out because it, or any part of it, admits just what…