Black v. Goodman

Citations

• 22 Ohio C.C. Dec. 369

Syllabus

<p>MOTIONS AND ORDERS — PLEADINGS.</p> <p>1. Motion for Judgment not Proper Remedy to Determine Error in Motion to Make Definite and Certain.</p> <p>An order overruling a motion to make definite and certain, may constitute reversible error but cannot be determined on a motion for judgment on the pleadings; a petition in error is the proper procedure in such case.</p> <p>2. Motion to Strike Pleading from Files Tests Form and Regularity of Filing.</p> <p>Motion to strike answer and cross petition from the files tests the correctness of its form and regularity of its filing; hence, if it appear from the pleading that it is frivolous or filed for purpose of delay the motion lies, but if it contains a good defense or states a good cause of action, it is immaterial that it was not filed in good faith or for purposes of delay.</p>