Tate v. Oxner

J. Woodrow Lewis, Acting Justice.

This is an appeal from an Order overruling a motion to strike certain allegations from the complaint on the grounds that the same are irrelevant, immaterial and prejudicial.

“An order refusing to strike allegations in the pleadings as irrelevant and redundant is not appealable.” Sparks v. D. M. Dew & Sons, Inc., 230 S. C. 507, 96 S. E. (2d) 488.

Exceptions to the foregoing rule have only been recognized (1) where the motion to strike is in the nature of a demurrer, Thomas v. Colonial Stores, Inc., S. C., 113 S. E. (2d) 337; or (2) where there is an appealable…