21 S.E.2d 873 | N.C. | 1942
Civil action to recover damages for alleged alienation of the affections of plaintiff's wife.
Motion of defendant, aptly made in court below, to strike certain portions of the complaint, was overruled, except as to one phrase. Defendant appealed therefrom to Supreme Court, and assigns error.
"The function of a complaint" as stated by Walker, J., in Winders v.Hill,
Upon motion of any party aggrieved, aptly made, the court may strike out irrelevant and redundant matter appearing in a complaint. C. S., 537. Applying this statute and the principle above stated to the complaint in hand, it appears that all the portions to which exception is taken and which were not stricken out below, other than the allegations in paragraphs nine and ten, relate directly to the ultimate facts and, though of decorative quality and expressed in somewhat high-flown language, they are within the pale of proper pleading in statement of the cause of action. SeeMcDonald v. Zimmerman,
Modified and affirmed. *97