Wall v. England

This appeal turns in the main on a procedural question. It is observed that the judgment of Judge Rudisill, striking out the averments of defendant’s further answer on the ground that same is irrelevant, improper and prejudicial to plaintiff, was entered in term time, at a term of Superior Court, over which he was the presiding judge, with jurisdiction and power to hear and pass upon the motion to strike. G.S. 1-153. This Court held in Commrs. v. Piercy, 72 N.C. 181, that the Superior Court has power to strike out an answer whenever it appears to the satisfaction of the Court that it is…