Bomar v. Pasinsky

The plaintiff’s motion to strike out the first and second separate and distinct defenses in the answers of the defendants and the supporting affidavit of her counsel were based on the ground that the defenses were “ insufficient in law.” This was tantamount to a motion addressed to the pleading for insufficiency or a motion made on the pleadings. On such a motion affidavits may not be used, save as specifically authorized by the rules. Rule 110 of the Rules of Civil Practice had no application since that permits the use of affidavits in the case of answer attacked for insufficiency only with…