Moran v. Firemen's & Policemen's Pension Fund Commission

Brown, C. C. J.

The plaintiff moves to strike the amended answer and for summary judgment upon the grounds that the “allegations contained in said amended answer are untrue in fact, and sham, and the separate defenses contained therein are frivolous.” This is the third motion, of this kind, made in the cause. The first was denied because of a defective affidavit. The second was granted and judgment entered and *480thereafter the judgment was opened for the purpose of permitting the defendant to file an amended answer and upon condition that the plaintiff may renew his motion to strike. The…