History
  • No items yet
midpage
Ledford v. Marion Transportation Co.
237 N.C. 317
| N.C. | 1953
|
Check Treatment
74 S.E.2d 653 (1953)
237 N.C. 317

LEDFORD
v.
MARION TRANSP. CO.

No. 166.

Supreme Court of North Carolina.

March 4, 1953.

Everette C. Carnes, Marion, for defendant, appellant.

Proctor & Dameron, Marion, and Hamrick & Jones, Rutherfordton, for plaintiff, appellee.

DENNY, Justice.

No useful purpose would be served by setting out in detail the specific allegations of the complaint challenged by the motion to strike. However, if it be conceded that the complaint is not as concise and devoid of repetition as it might be in stating the plaintiff's cause of action, we can see nothing in it that will be harmful or prejudicial to defendant's rights.

In Hinson v. Britt, 232 N.C. 379, 61 S.E.2d 185, 187, we said: "This Court does not correct errors of the Superior Court unless such errors prejudicially affect the substantial rights of the party appealing. Hence, the denying or overruling of a motion to strike matter from a pleading under the provisions of G.S. § 1-153 is not ground for reversal unless the record affirmatively reveals these two things: (1) That the matter is irrelevant or redundant; and (2) that its retention in the pleading will cause harm or injustice to the moving party", citing Teasley v. Teasley, 205 N.C. 604, 172 S.E. 197; Neal v. Atlantic Greyhound Corp., 235 N.C. 225, 69 S.E.2d 319; Terry v. Capital Ice & Coal Co., 231 N.C. 103, 55 S.E.2d 926; Hawkins v. Moss, 222 N.C. 95, 21 S.E.2d 873; Hill v. Stansbury, 221 N.C. 339, 20 S.E.2d 308; McDonald v. Zimmerman, 206 N.C. 746, 175 S.E. 92.

The ruling of the court below is

Affirmed.

Case Details

Case Name: Ledford v. Marion Transportation Co.
Court Name: Supreme Court of North Carolina
Date Published: Mar 4, 1953
Citation: 237 N.C. 317
Docket Number: 166
Court Abbreviation: N.C.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.