Tom O. Mason Co. v. Lindquist

In so far as plaintiff has replied to the allegations of new matter set up by way of justification in Lindquist’s answer, and in combination with that reply has also demurred to those allegations, plaintiff’s mode of pleading is irregular, and its pleading would have been subject to a motion to strike out, if made in due time. Burnham v. Milwaukee, 155 Wis. 90, 143 N. W. 1067.

Lindquist’s answer is not a cross-complaint or counterclaim. It is not designated as such in his pleading, and he does not ask for any specific affirmative relief. His counsel concedes that “probably only his codefendant…