Handelman v. Olen

Plaintiff moves for an order striking out the first affirmative defense pleaded by the defendant M. E. Olen. In this action brought to recover the reasonable value of professional services rendered, the defendant Olen moved for leave to serve an amended answer, pleading discharge in bankruptcy. That motion was granted without passing on sufficiency or merit, leaving the matter to the trial court. Motion to dismiss is not thereby precluded.

Attachment was issued and bond furnished to lift the attachment. Thereby, the surety undertook that the defendants in the action will, on demand, make…