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SCOTT v. JORDAN

No. 94.

69 S.E.2d 557 (1952)

235 N.C. 244

SCOTT v. JORDAN.

Supreme Court of North Carolina.

March 19, 1952.

Attorney(s) appearing for the Case

J. W. Haynes and George A. Shuford, Asheville, for defendant-appellant.

Williams & Williams, Asheville, for plaintiff-appellee.

ERVIN, Justice.

The code of civil procedure prescribes that where the answer contains new matter constituting a counterclaim, the plaintiff may plead in his reply "any new matter not inconsistent with the complaint, constituting a defense to the new matter in the answer." G.S. § 1-141.

The defendant contends on her first appeal that Judge Nettles ought to have stricken the reply for want of conformity to this...

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