4 Colo. App. 183 | Colo. Ct. App. | 1893
delivered the opinion of the court.
Appellee brought suit upon the individual note of appellant for $277.93, with interest at 10 per cent. Complaint is in the usual form, alleging $429 to be due and unpaid, to which
By section 65 of the Civil Code, it is provided: “ Sham and irrelevant answers and defenses, and so much' of any pleading as may be irrelevant, redundant, immaterial or insufficient, may be stricken out on motion and upon such terms as the court in its discretion may impose.” Consequently, there was no question in regard to reaching the answer in that way, if the causes alleged in the motion existed. The judgment must be affirmed. The answer is an anomaly in
Affirmed.