Szalkowski v. C. S. Osborne & Co.

By the defendant’s answer there is presented for determination the objection that the complaint does not state a cause of action. The plaintiff contends to the contrary and also claims that the motion is one to strike out the complaint and is made out of time as a reply has been filed.

If the motion was of the class stated by the plaintiff his contention would be well founded. The question presented for determination is not a motion to strike out the complaint, which under Rule 30 of the Supreme Court should be made before an answering pleading is filed but an objection in point of law…