Funderburke Ex Rel. Dawes v. Johnson

I most respectfully dissent. The fourth defense stricken by the lower court, in my view, alleged no evidentiary matter. *434It clearly contained no irrelevant or redundant matter and Sec. 10-606 of the Code is, therefore, inapplicable.

While this court has not heretofore had occasion to pass upon the precise question, there is considerable authority from several other jurisdictions, including numerous Missouri cases in addition to Long v. Mild, cited in the majority opinion, for the proposition that “the sole cause issue” may be raised under a general denial and that such does not have to be pled.…