Mardorf v. Duluth-Superior Transit Co.

I. M. OLSEN, Justice.

Defendant appeals from an order of the district court of St. Louis county striking out as irrelevant, redundant, sham, and frivolous certain paragraphs of its answer.

The paragraphs of the answer so stricken out set up as a bar to this action that a former suit on the same cause of action had been brought in the same district court; that it had been removed to the United States district court of this state and had there been duly tried up to the point where plaintiff rested his case; that thereupon defendant moved the federal court to dismiss the action upon the ground…