McWilliams v. Parham

The motion to strike is directed to the entire second further answer and to the entire third further answer for the reason, in each instance, that the allegations therein contained do not constitute a defense to the cause of action alleged in the complaint. The motion is, therefore, equivalent to a demurrer to each such further answer. Cecil v. B. B., 266 N.C. 728, 147 S.E. 2d 223; Galloway v. Lawrence, 263 N.C. 433, 139 S.E. 2d 761; Williams v. Hunter, 257 N.C. 754, 127 S.E. 2d 546.

In each instance the motion should have been allowed.

The defense which the second further answer purports to…