Anthony v. Anthony

The first group of assignments of error in this case deal with the trial judge’s sustaining a demurrer to the further answer and defense and cross action which was interposed at the conclusion of all evidence. A demurrer to a cross action must be overruled if the allegations of the answer will entitle the defendant to any affirmative relief. Ayers v. Ayers, 269 N.C. 443, 152 S.E. 2d 468 (1967).

The further answer and defense and cross action alleges:

“That on or about the 17th day of December, 1962, and prior thereto, the plaintiff . . . did continually and often commit adultery with Minnie…