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WILLIAMS v. HUNTER

No. 167.

127 S.E.2d 546 (1962)

257 N.C. 754

James WILLIAMS v. Harvey B. HUNTER, t/a Harvey B. Hunter Dairies and Donald Alexander Ferguson.

Supreme Court of North Carolina.

October 10, 1962.

Attorney(s) appearing for the Case

Mullen, Holland & Cooke by Philip v. Harrell, Gastonia, for additional defendant-appellant.

Ernest R. Warren, Julius T. Sanders, and Carl J. Stewart, Jr., Gastonia, for original defendants-appellees.

RODMAN, Justice.

Appellant challenges the right of Judge McConnell to act on the motion to strike because, as he contends, the allowance of the motion would constitute a reversal of Judge Sharp's order. This position would be sound if the defendants assigned some reason for removing the pleading from the file other than a failure to state a defense. This is not what they seek to accomplish. It is apparent the "Motion to Strike" is intended to test the legal sufficiency...

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