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TATE v. OXNER

17650

236 S.C. 313 (1960)

114 S.E.2d 225

Claude C. TATE, Carl V. Lackey, Frank T. Meeks, W.R. Hartin and W.E. Miner, Plaintiffs-Respondents, v. J Carlisle OXNER, Charles Marshall, Robert Adams, J E. Belser, Jr., H.W. Hoefer, F.S. Brockington, Carl F. Gibson, Theodore Dehon, Jr., Mays Earle, Patrick H. Nelson, D.K. Sturkie, Jr., and the Five Points Building and Loan Association, Defendants, of whom J. Carlisle Oxner, Charles Marshall, Robert Adams, J.E. Belser, Jr., H.W. Hoefer, F.S. Brockington and the Five Points Building and Loan Association are Appellants.

Supreme Court of South Carolina.

May 4, 1960.

Attorney(s) appearing for the Case

Messrs. Nelson, Mullins & Grier, of Columbia, for Appellants.

Messrs. Robinson, McFaddin & Dreher and Augustus T. Graydon, of Columbia, for Respondents.

Messrs. Nelson, Mullins & Grier, of Columbia, for Appellants, in Reply.

May 4, 1960.

J. WOODROW LEWIS, Acting Justice.

This is an appeal from an Order overruling a motion to strike certain allegations from the complaint on the grounds that the same are irrelevant, immaterial and prejudicial.

"An order refusing to strike allegations in the pleadings as irrelevant and redundant is not appealable." Sparks v. D. M. Dew & Sons, Inc., 230 S.C. 507...

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