Legal Opinion
Stone v. Carolina Coach Co.
Supreme Court of North Carolina
Decided November 25, 1953No. 456PublishedCited by 14 opinions
1Opinion of the Court
BaRNHill, J".
"While a plaintiff may not demur to specific paragraphs of an answer, he may demur to a further defense as a whole. Duke v. Campbell, 233 N.C. 262, 63 S.E. 2d 555; Cody v. Hovey, 216 N.C. 391, 5 S.E. 2d 165. Likewise he may move to strike specific paragraphs in the answer. Here the plaintiff took no chances. He demurred to the further defense and also moved to strike the specific paragraphs in which that defense is pleaded.
A demurrer or motion to strike admits, for the purpose of the hearing thereon, the truth of the allegations so challenged. "When the demurrer or motion is, as…
2Cases cited12 opinions
- Collins v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
- Leary v. . Land BankSupreme Court of North Carolina · 1939
- Powell v. . TurpinSupreme Court of North Carolina · 1944
- Snyder v. Kenan Oil Co.Supreme Court of North Carolina · 1952
- Leary v. Virginia-Carolina Joint Stock Land BankSupreme Court of North Carolina · 1939
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Reid v. HoldenSupreme Court of North Carolina · 1955
- Seaboard Air Line Railroad Company v. George F. McCourt Trucking, Inc.Court of Appeals for the Fifth Circuit · 1960
- Altman v. SandersSupreme Court of North Carolina · 1966
- Bowen v. Iowa National Mutual Insurance CompanySupreme Court of North Carolina · 1967
- Davis v. PerrymanSupreme Court of Arkansas · 1956
9 more not listed; retrieve them via the Exa API.