Bank of French Broad, Inc. v. Bryan

Appellant, in its brief, does not deal separately with each challenged allegation. It presents its position as if the case were before us on demurrer to defendants’ Further Answer and Defense, challenging the sufficiency of defendants’ pleading to constitute a defense rather than the propriety of particular allegations.

As stated by Ervin, J.: “A motion to strike an allegation from a pleading for irrelevancy admits, for the purposes of the motion, the truth of all facts well pleaded in the allegation, and any inferences fairly deducible from them. But it does not admit the conclusions of the…