Purvis v. Whitaker

An examination of the complaint in connection with the portions thereof sought to be stricken leads to the conclusion that the ruling of the trial judge should be upheld. The allegations complained of were relevant and tended to set forth facts material to a proper statement of plaintiffs' cause of action. Garrett v. Rose, 236 N.C. 299, 72 S.E.2d 843; Ledford v. Transportation Co., 237 N.C. 317, 74 S.E.2d 653. Furthermore, defendants' motion to strike was filed after their demurrer had been overruled. G.S. 1-153. Parrish v. R.R., 221 N.C. 292, 20 S.E.2d 299. Appellees' motion to dismiss the appeal on this ground is allowed.