DENNY, Justice.
A motion to strike a further defense, cross-action and counter-claim, should not be allowed if the facts pleaded therein may be proven by competent evidence, and if so proven, such facts would constitute a defense in whole or in part to the affirmative relief sought in the complaint. Williams v. Thompson, 227 N.C. 166, 41 S.E.2d 359.
The test as to whether pleadings are relevant, on a motion to strike, is whether the pleader would be entitled...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
