Thorpe v. W. L. Harper Co.

HIRAM CHURCH FORD, Senior District Judge.

This case is submitted upon the Plaintiff’s motion to strike from the separate Answer of Defendants Kenneth Ray Truell, D. M. Brakebill and H. B. Brook-shire, partners doing business as Brake-bill Trucking Company, the First, Second and Fifth defenses set forth therein and all sub-paragraphs thereunder on the ground that such defenses and paragraphs do not state a defense to this action. The Defenses sought to be stricken are as follows:

“FIRST DEFENSE

“The Court should dismiss this action or in lieu thereof quash the return of service of summons on each…