In Re Estate of Delaney

Morling, J. —

The motion to strike was, as treated by the parties, and accepted by the court, in substance a demurrer. Eckles v. Des Moines Casket Co., 152 Iowa 164; Haworth v.Newell, 102 Iowa 541. . The case is triable by ordinary proceedings (Sisters of Visitation v. Glass, 45 Iowa 154) ; but, if by equitable proceedings, the motion would, under Section 11130, Code of 1927, on the same principle be the equivalent of a motion to dismiss. The court, on sustaining the motion, gave the objector ten days to further plead, and comply with the ruling. Objector excepted, but did not, so far as the…