HAYES v. CITY OF WILMINGTON

No. 170.

91 S.E.2d 690 (1956)

243 N.C. 548

Marcia Susan HAYES, by her Next Frlend, W. J. Hayes, v. CITY OF WILMINGTON, North Carolina, Towles-Cline Construction Company, E. B. Towles Construction Company, S. E. Cooper, Trading and Doing Business as S. E. Cooper Company, John Lindsey Neal and Seaboard Surety Company.

Supreme Court of North Carolina.

February 29, 1956.


Attorney(s) appearing for the Case

McClelland & Burney, Wilmington, McLean & Stacy, Lumberton, and R. M. Kermon, Wilmington, for S. E. Cooper, trading and doing business as S. E. Cooper Co., and John Lindsey Neal.

R. L. Savage, Raleigh, and James & James, Wilmington, for Towles-Cline Const. Co. and E. B. Towles Const. Co.

Hogue & Hogue, Wilmington, and A. Y. Arledge, Raleigh, for Carolina Power & Light Co., appellee.

Wm. B. Campbell, Wilmington, for defendant City of Wilmington, appellee.


PARKER, Justice.

G.S. § 1-153 prohibits the allegations of "extraneous, evidential, irrelevant, impertinent, or scandalous matter in a complaint or answer." Spain v. Brown, 236 N.C. 355, 72 S.E.2d 918, 919.

In the case at bar the motions to strike were made in apt time, and are therefore made as a matter of right, and are not addressed to the discretion of the court. Baker v. Fruehauf...

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