Dickerman v. Lomas Nettleton Co. ( 1935 )

PEASLEY, J.

The answer in this case is voluminous and in some paragraph violates the rule against the pleading of evidential matters, but threaded through the whole of the nineteen paragraphs a proper, legal defense can be discerned. The motion to expunge would in this case, if granted, perform the function of a demurrer, and it has been repeatedly held that it can not be made to serve that purpose.

The motion to expunge is therefore denied.