Hardware Mutual Insurance v. McGinnis

OPINION

By CASE, J.

This cause is before the court at this time upon Defendants’ motion to make definite and certain and to strike certain allegations from Plaintiff’s petition. Said motion and Defendants’ memorandum in support thereof were filed on March 19, 1954, and Plaintiff’s memorandum contra thereto was filed on April 6, 1954.

Branch I(a} of said motion seeks to have the word “guilty” stricken from the third paragraph of Plaintiff’s petition.

In support of branch 1(a), Defendants’ memorandum contends:

“(a) The use of the word ‘guilty’ in a civil case is improper and prejudicial.” Obrecht v.…