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238 N.C. 262
N.C.
1953
Per Curiam.

An examination of tbe complaint in connection with tbe portions thereof sought to be stricken leads to tbe conclusion that tbe ruling of tbe trial judge should be upheld. Tbe 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 bad been overruled. G.S. 1-153. Parrish v. R. R., 221 N.C. 292, 20 S.E. 2d 299. Appellees’ motion to dismiss tbe appeal on tbis ground is allowed.

Appeal dismissed.

Case Details

Case Name: Purvis ex rel. Purvis v. Whitaker
Court Name: Supreme Court of North Carolina
Date Published: Sep 23, 1953
Citations: 238 N.C. 262; 77 S.E.2d 682; 1953 N.C. LEXIS 428
Court Abbreviation: N.C.
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