Warren v. Virginia-Carolina Joint Stock Land Bank

Defendant’s principal assignment of error is based upon tbe denial of its motion to strike certain allegations from tbe complaint, on tbe ground tbat they were irrelevant and prejudicial.

Tbe motion, however, was made after answer and on the day the case was calendared for trial, and was denied for tbe reason tbat it was not made in apt time (C. S., 537). The defendant then asked tbat its motion be allowed as a matter of discretion, and this was denied as not being a matter in the court’s discretion. When the case was reached for trial three days later tbe defendant again moved to strike out…