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McFADDIN v. LOHR

19592

260 S.C. 242 (1973)

195 S.E.2d 385

James Hugh McFADDIN, Appellant, v. George C. LOHR, Jr., Respondent.

Supreme Court of South Carolina.

March 21, 1973.

Attorney(s) appearing for the Case

Messrs. Timberlake and Quackenbush, of Columbia, and James Hugh McFaddin, of Manning, for Appellant.

Messrs. Brockington & Brockington, of Charleston, and Rosen & Rosen, of Georgetown, for Respondent.

March 21, 1973.

Per Curiam:

This is an appeal from an order overruling a motion of the plaintiff-appellant to strike a counterclaim interposed by the defendant-respondent.

The general rule in this jurisdiction is that an order refusing to strike allegations in pleadings is not subject to an interlocutory appeal, but that the refusal of such a motion to strike is not conclusive and binding when the case is tried on its merits. See cases collected...

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