Markgraf v. Columbia Bank of Lodi

The following opinion was filed December 9, 1930 :

Nelson, J.

The defendant contends that the court erred (1) in striking out the third separate defense of the answer, (2) in striking out the fourth separate defense of the answer, (3) in denying defendant’s motion for a directed verdict, (4) in receiving evidence over defendant’s objection and in refusing to strike it out, (S) in refusing to give requested instructions, and (6) in instructing the jury.

Prior to the commencement of the trial the court, on motion duly made, struck out of defendant’s answer its third and fourth separate defenses to…