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TUCKER v. TRANSOU

No. 750.

88 S.E.2d 131 (1955)

242 N.C. 498

John M. TUCKER, F. Nat West and J. G. Barron, Trustees of Salem Lodge No. 36 I. O. O. F. v. Hattie F. TRANSOU (widow), Virgil A. Transou and wife, Evie B. Transou, James H. Transou and wife, Nancy M. Transou, and Fred R. Transou and wife, Kate Todd Transou.

Supreme Court of North Carolina.

June 30, 1955.

Attorney(s) appearing for the Case

J. L. Carlton and H. Bryce Parker, Winston-Salem, for petitioner.

W. S. Mitchell and Elledge & Johnson, Winston-Salem, for appellant.

DENNY, Justice.

A motion to strike allegations in a defendant's answer, as a matter of right, pursuant to the provisions of G.S. 1-153, comes too late when it is not made until the case is calendared for trial or until the jury has been selected and empaneled. Warren v. Virginia-Carolina Joint Stock Land Bank, 214 N.C. 206, 198 S.E. 624. But when a motion to strike is not made in apt time, the court has discretionary power to allow or deny such motion, and its ruling...

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