Wealth v. Renai

Layton, J.:

Plaintiff interposes two grounds of objection to defendant’s motion to strike, (1) that such a motion is improper and (2) that inasmuch as it is not clear that the section in question excludes pedestrians from its scope, defendant’s motion must be denied.

Plaintiff, is clearly correct in objecting to the form of defendant’s motion. A motion to strike under Superior Court Rules, Civil rule 12 (f), Del. C. Ann., is not proper where it seeks the dismissal of one of the causes of action in a complaint ás a matter of law. This was the function of the old demurrer, now abolished by the…