Whitlaw v. Illinois Life Insurance

Citations

• 86 Kan. 826
• 122 P. 1039
• 1912 Kan. LEXIS 398

Syllabus

<p>syllabus BY THE COURT.</p> <p>1. Pleadings — Motion to Strike Out — When Appealable. An order overruling a motion to strike out parts of an answer, which does not involve the merits nor determine the action, is not appealable, and can only be reviewed in this court after final judgment in the action.</p> <p>2. - Same. An order striking out parts of a reply containing new matter pleaded in defense of new matter contained in the answer, and which involves the merits of the action, and precludes the defense so pleaded, is appealable, and may be reviewed in this court before judgment in the action.</p>