SORRELL v. MOORE

No. 522.

112 S.E.2d 254 (1960)

251 N.C. 852

Gerolene Smith SORRELL, Administratrix of Estate of Floyd Thomas Sorrell, Deceased, v. Jo Ann MOORE, Administratrix of Estate of George W. Moore, Deceased.

Supreme Court of North Carolina.

January 29, 1960.


Attorney(s) appearing for the Case

Wilson & Johnson and Edgar R. Bain, Lillington, for plaintiff-appellee.

Ruark, Young, Moore & Henderson and J. Allen Adams, Raleigh, for defendant-appellant.


RODMAN, Justice.

The motion to strike is based on the assertion that the portions objected to are mere conclusions and not statements of facts; that the first quoted portion is insufficient to constitute a defense or a cause of action, and that the last two are mere conclusions "totally incapable of proof under the facts as alleged in the complaint."

The function of a pleading is to inform an adversary what facts are claimed to constitute the cause of action...

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