Williams Ex Rel. Williams v. Union County Hospital Ass'n

"When new matter is alleged in an answer by way of an affirmative defense, the sufficiency of tbe plea as a defense to plaintiffs cause of action may be tested either by demurrer or by motion to strike. Both remedies are available to plaintiff. Each is an appropriate method of testing the sufficiency of the plea as a defense to plaintiff’s cause of action.

“The plaintiff may in all cases demur to an answer containing new matter, where, upon its face, it does not constitute a . . . defense; and he may demur to one or more such defenses . . . and reply to the residue.” G.S. 1-141; Williams v.…