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ROBERTS v. HEFFNER

No. 8025SC955.

277 S.E.2d 446 (1981)

Derek ROBERTS and Ann Roberts v. Johnny E. HEFFNER, Sr. and Wanda C. Heffner.

Court of Appeals of North Carolina.

May 5, 1981.

Attorney(s) appearing for the Case

Cagle & Houck by William J. Houck, Hickory, for plaintiffs-appellees.

Tate, Young & Morphis by Thomas C. Morphis, Hickory, for defendants-appellants.

ROBERT M. MARTIN, Judge.

First we note that under N.C.Gen.Stat. § 1A-1, Rule 7(c), "pleas" are specifically abolished; but under Rule 12(b), every defense may be raised by responsive pleading—in this case by reply to defendants' counterclaims. A defense which introduces new matter in an attempt to avoid defendant's counterclaim, regardless of the truth or falsity of the allegations in the counterclaim, is an affirmative defense. N.C.Gen. Stat. § 1A...

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