DURHAM BANK & TRUST COMPANY v. POLLARD

No. 665.

123 S.E.2d 104 (1961)

256 N.C. 77

DURHAM BANK & TRUST COMPANY and Burwell A. Allen, Administrators of the Estate of Charles Snead Allen, Deceased, v. Forrest A. POLLARD.

Supreme Court of North Carolina.

December 13, 1961.


Attorney(s) appearing for the Case

McLendon, Brim, Holderness & Brooks by L. P. McLendon, Jr., by J. V. Hunter, III, Greensboro, for defendant, appellant.

Brooks & Brooks by E. C. Brooks, Jr., Greensboro, for plaintiffs, appellees.


PARKER, Justice.

This is an action to recover damages for the death of plaintiffs' intestate, Charles Snead Allen, allegedy caused by the wrongful act of the defendant, Forrest A. Pollard, in slaying him on 24 April 1960.

Defendant in apt time filed a written motion to strike from the complaint paragraphs 3, 4, 7, 8, 10, 11, 12, 13, 15, 18, 19, 20 and 23, and parts of paragraphs 14 and 22. Judge Williams in his order allowed the motion to strike as to paragraphs...

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