BANK OF FRENCH BROAD v. BRYAN

No. 94.

83 S.E.2d 485 (1954)

240 N.C. 610

The BANK OF FRENCH BROAD, Inc. v. Mrs. Blanche R. BRYAN, Administratrix of the Estate of Wayne Bryan, and Ralph Ramsey.

Supreme Court of North Carolina.

September 22, 1954.


Attorney(s) appearing for the Case

Carl R. Stuart, Marshall, and E. L. Loftin, Asheville, for plaintiff-appellant.

G. D. Bailey and W. E. Anglin, Burnsville, for defendants-appellees.


BOBBITT, Justice.

Appellant, in its brief, does not deal separately with each challenged allegation. It presents its position as if the case were before us on demurrer to defendants' Further Answer and Defense, challenging the sufficiency of defendants' pleading to constitute a defense rather than the propriety of particular allegations.

As stated by Ervin, J.: "A motion to strike an allegation from a pleading for irrelevancy admits, for the purpose of the...

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