Bernascheff v. Roeth

This is a demurrer to the separate defenses and counterclaim of the answer. So far as the separate defenses? setting up new matter, are concerned, they appear to be at' the best only partial defenses. Section 508 of the Code provides that a partial defense “ must be expressly stated to be a partial defense to the entire complaint, or to one or more separate causes of action therein set forth.” This the answer fails to do. Unless a pleading is expressly interposed as a partial defense, it must be assumed to be pleaded as a complete defense, and upon demur*589rer it must be tested upon that…