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FIRST-CITIZENS BANK & TRUST CO. v. AKELAITIS

No. 7410SC984.

214 S.E.2d 281 (1975)

25 N.C. App. 522

FIRST-CITIZENS BANK AND TRUST COMPANY v. Adolfas AKELAITIS.

Court of Appeals of North Carolina.

May 7, 1975.

Attorney(s) appearing for the Case

Jordan, Morris & Hoke by Charles B. Morris, Jr., Raleigh, for plaintiff-appellee.

Hall & Scales by Archibald H. Scales, III, Winston-Salem, for defendant-appellant.

MARTIN, Judge.

Under Rule 12(f), Rules of Civil Procedure, the trial court may order stricken from any pleading any insufficient defense or any redundant, irrelevant, immaterial, impertinent, or scandalous matter. "As the motion to dismiss under 12(b)(6) is the device to test the fundamental sufficiency of a complaint, so the motion to strike under Rule 12(f) is the device to test the legal sufficiency of an affirmative defense." 1 McIntosh, N.C. Practice and Procedure...

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