Wisconsin Face & Fire Brick Co. v. Southern Surety Co.

The only error assigned upon this appeal is that the court erred in striking out those parts of the answer, which the defendant surety company claims constituted a separate defense to the plaintiff’s first cause of action. It is conceded that, the second contract being with a school district, sec. 3327a, Stats., is applicable and there would be no discharge of the surety. The defendant contends that it is entitled to review of the order striking out its separate defense in the first cause of action under the provisions of sec. 3070:

“Upon an appeal from a judgment, as well as upon a writ of…