LA DUKE v. E.W. WYLIE CO.

No. 7211.

44 N.W.2d 204 (1950)

LA DUKE v. E. W. WYLIE CO. et al.

Supreme Court of North Dakota.

Rehearing Denied October 17, 1950.


Attorney(s) appearing for the Case

Sullivan, Kelsch & Sullivan, Mandan, (Albert R. Scanlon, Mandan, on oral argument), for defendants and appellants.

Murray & Murray, Bismarck, for plaintiff and respondent.


MORRIS, Judge.

The defendant appeals from an order of the District Court striking that portion of the defendants' answer which purports to set out an affirmative defense. The plaintiff and respondent has made a motion in this court for the dismissal of the appeal upon the grounds that the challenged order is not appealable.

The plaintiff alleges in his complaint that on or about the 21st day of April, 1949, while driving a motor vehicle he was personally injured...

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