Privette v. . Morgan

Tbe appeal poses tbe question wbetber there was error in declining either or both of tbe motions made by tbe defendant: To strike from tbe complaint certain objectionable matter specifically pointed out; or to strike tbe complaint from tbe files and order tbe plaintiffs to replead. Tbe first motion, if made in time, as it is here, involves a matter of right. Parrish v. Atlantic Coast Line R. R. Co., 221 N. C., 292, 20 S. E. (2d), 299; Hill v. Stansbury, 221 N. C., 339, 20 S. E. (2d), 308; Patterson v. R. R., 214 N. C., 38, 198 S. E., 364. Tbe second, viewed as a motion to require an amendment…