Watts

This is an action to recover a large number of horses claimed as the separate property of the plaintiff. The pleadings are exceedingly loose on both sides, the case was loosely tried, and the whole proceedings, down to and including the transcript, are loose. Plaintiff moved to strike out several paragraphs of the answer as irrelevant and immaterial, but it is impossible to tell from the description what parts are intended. The paragraphs are not numbered, and it is uncertain what the moving party regards as the third, sixth, ninth, etc., paragraphs. There is much irrelevant and immaterial matter which ought to have been struck out. The whole of the answer commencing at folio 13 of the printed transcript, and continuing down to the prayer for a return of the property, is irrelevant and immaterial, and should have been struck out upon a proper motion made for that purpose. There is nothing in it constituting, or that can be made to constitute, a defense. If the horses were the separate property of the wife, the husband had no authority to make the disposition of them stated. If they were not her separate property, she, of course, cannot recover, and the long story told in that part…