Wageck v. Travelers Insurance

Both plaintiff and defendant have moved for judgment on the pleadings, consisting of complaint, answer and reply. The plaintiff by her motion seeks to test the sufficiency of the second separate defense contained in the answer. The defendant by its motion seeks to test the sufficiency of the reply.

The plaintiff’s motion is not well made. The only method under the Code of bringing up the question of the sufficiency in law of a separate defense is by demurrer thereto. The issue of law raised by such a demurrer may be brought on for trial by notice of trial, or as a contested motion under…