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BOLICK v. GALLAGHER

266 Wis. 208 (1954)

BOLICK, Respondent, vs. GALLAGHER and others, Appellants.

Supreme Court of Wisconsin.

March 2, 1954.

Attorney(s) appearing for the Case

For the appellants there were briefs by Toebaas, Hart, Kraege & Jackman of Madison, and oral argument by W. L. Jackman.

For the respondent there was a brief by Arthur, Dewa, Nestingen & Tomlinson of Madison, and oral argument by Ivan A. Nestingen and Robert W. Arthur.

FAIRCHILD, C. J.

When allegations are made a part of an answer which is pleaded in its entirety as an answer to a complaint, a motion to strike does not have the essentials of a demurrer, and an order made thereon is not an appealable order. Paraffine Companies v. Kipp, 219 Wis. 419, 263 N. W. 84. There are cases where an order made on a motion to strike out a portion of an answer when pleaded as a separate defense...

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