GALLIMORE v. STATE HIGHWAY AND PUBLIC WORKS COM'N

No. 740.

85 S.E.2d 392 (1955)

241 N.C. 350

L. B. GALLIMORE, W. F. Page, D. R. Saunders, T. C. Vaughn, H. B. Barger, O. L. Ruth, C. A. Brown, R. I. McCluskey and T. R. York, Trustees of the North Carolina Conference of the Pilgrim Holiness Church of America, v. STATE HIGHWAY AND PUBLIC WORKS COMMISSION (of the State of North Carolina).

Supreme Court of North Carolina.

January 14, 1955.


Attorney(s) appearing for the Case

York & Boyd, Greensboro, for petitioners, appellants.

R. Brooks Peters, Raleigh, and Blackwell, Blackwell & Canady, Winston-Salem, for State Highway and Public Works Commission, respondent, appellant and appellee.


BOBBITT, Justice.

Does the clerk have jurisdiction to rule on a motion to strike interposed under G.S. § 1-153? Disposition of these appeals does not require an answer to this question. However, we note that this statute provides: "Any such motion to strike any matter out of any pleading may, upon ten days' notice to the adverse party, be heard out of term by the resident judge of the district or by any judge regularly assigned to hold the courts of the district...

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