HINSON v. BRITT

No. 95.

61 S.E.2d 185 (1950)

232 N.C. 379

HINSON v. BRITT et al.

Supreme Court of North Carolina.

September 20, 1950.


Attorney(s) appearing for the Case

No counsel for plaintiff, appellee.

Herschel S. Harkins, Asheville, for defendants, appellants.


ERVIN, Justice.

Motions to strike out separate parts of pleadings are sanctioned by this provision of the Code of Civil Procedure: "If irrelevant or redundant matter is inserted in a pleading, it may be stricken out on motion of any person aggrieved thereby, but this motion must be made before answer or demurrer, or before an extension of time to plead is granted." G.S. § 1-153.

The City of Asheville Board of Alcoholic Control is empowered by law to appoint...

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