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NATIONWIDE MUTUAL INS. CO. v. AETNA CAS. & SUR. CO.

No. 67SC5.

159 S.E.2d 268 (1968)

1 N.C. App. 9

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. AETNA CASUALTY AND SURETY COMPANY, Pennsylvania National Mutual Casualty Company, Billy Ray Chambers, Ethel E. Parrish, Judith A. Smith, a Minor, Bonnell S. Smith, Rachel Fulk Wood, Larry A. Wood, a Minor, and Terry Wood, Defendants.

Court of Appeals of North Carolina.

February 21, 1968.

Attorney(s) appearing for the Case

Bencini & Wyatt, High Point, for defendants appellants, Ethel E. Parrish, Judith A. Smith and Bonnell S. Smith.

Jordan, Wright, Henson & Nichols, Greensboro, for defendant appellant, Pennsylvania Nat. Mut. Cas. Co.

Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, Winston-Salem, for plaintiff appellee.

PARKER, Judge.

Ordinarily, the Court of Appeals will not entertain an appeal from an order striking or denying a motion to strike allegations contained in pleadings. Rule 4 (b); Rules of Practice in the Court of Appeals. In this case, however, the plaintiff's motions to strike are addressed to each further answer and defense in its entirety on the grounds that the facts alleged therein do not constitute a legal defense. The plaintiffs' motions are, therefore, in substance...

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