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WILLIAMS v. DENNING

No. 529.

133 S.E.2d 150 (1963)

260 N.C. 539

Jesse Noah WILLIAMS and wife, Ellen Williams, t/a Smithfield Livestock Exchange, Inc., v. John N. DENNING, C. L. Denning and Kenneth Westbrook, t/a Denning-Westbrook Oil Company, Inc.

Supreme Court of North Carolina.

November 20, 1963.

Attorney(s) appearing for the Case

E. R. Temple, Smithfield, for plaintiff appellant.

Shepard, Spence & Mast, Smithfield, by Norman C. Shepard, for defendant appeallees.

PER CURIAM.

Plaintiff took eleven exceptions—ten to the order sustaining defendants' motion to strike, one to the refusal to allow its motion for judgment by default.

The exceptions are not grouped in the record as required by Rule 19(3) of the Court (254 N.C. 797). An order striking allegations contained in a pleading is not appealable. The remedy, if the order is deemed erroneous, is by certiorari. Rule...

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