Charles H. Jenkins & Co. v. Lewis

The order 'overruling defendant’s demurrer for failure to state a cause of action was subject to immediate review only by writ of certiorari.. The purported appeal therefrom is premature. Rule 4(a), Rules of Practice in the Supreme Court, 254 N.C. 783, 785; Guinn v. Kincaid, 253 N.C. 228, 116 S.E. 2d 380. However, the question presented by defendant’s demurrer is also presented by plaintiff’s motion to strike.

Plaintiff’s motion to strike, although directed in part to designated allegations in the answer proper, is addressed to defendant’s further answer and defense in its entirety. The sole…