Teegarden Co-operative Cheese Co. v. Heckman

Plaintiff-respondent contends that because the stricken portion of the answer is not pleaded as a separate defense the order is not appealable and cites Bolick v. Gallagher (1954), 266 Wis. 208, 63 N. W. (2d) 93, as authority for its contention. It will be observed that paragraph 8 of the answer opens with the statement, “For further answer to plaintiff’s complaint and as a bar thereto, . . .” The plea of res judicata is one in bar. It is a separate defense and is so denominated in the answer. The case is therefore distinguishable from the Bolick Case. An order striking out the portion of an…