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JEWELL v. PRICE

No. 250.

130 S.E.2d 668 (1963)

259 N.C. 345

Randolph J. JEWELL and Eleanor K. Jewell, Plaintiffs, v. E. Jack PRICE, Defendant.

Supreme Court of North Carolina.

May 1, 1963.

Attorney(s) appearing for the Case

Helms, Mulliss, McMillan & Johnston, Charlotte, for defendant appellant.

Howard B. Arbuckle, Jr., and Carswell & Justice, Charlotte, for plaintiffs appellees.

BOBBITT, Justice.

Plaintiffs' motion to strike is addressed to each further answer and defense in its entirety and in substance, if not in form, is a demurrer to each further answer and defense. The court, in allowing plaintiffs' motion to strike, in effect sustained a demurrer to each of defendant's further defenses. Hence, Rule 4(a), Rules of Practice in the Supreme Court, 254 N.C. 783, 785, does not apply. Chas. H. Jenkins & Co. v. Lewis, 259...

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