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GALLOWAY v. LAWRENCE

No. 673.

139 S.E.2d 761 (1965)

263 N.C. 433

Lois GALLOWAY v. Benjamin J. LAWRENCE, Jr. Laura Gene GALLOWAY, by her Next Friend, Daniel J. Parks, v. Benjamin J. LAWRENCE, Jr.

Supreme Court of North Carolina.

January 15, 1965.

Attorney(s) appearing for the Case

Woltz & Faw, by Thomas M. Faw, Mount Airy, Womble, Carlyle, Sandridge & Rice, by I. E. Carlyle, and H. Grady Barnhill, Jr., Winston-Salem, for defendant appellant.

White, Crumpler, Powell, Pfefferkorn & Green, by James G. White, Winston-Salem, for plaintiff appellees.

HIGGINS, Justice.

The motions to strike the further defenses were equivalent to demurrers to those defenses. When allowed, the defendant had the right of immediate appeal. Our rule, 4(a), requiring certiorari, is not applicable. Mercer v. Hilliard, 249 N.C. 725, 107 S.E.2d 554.

The order striking the pleas in bar were based on G.S. § 1-540.1. "The compromise, settlement or release...

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