Vandiver v. Vandiver

WELLS, Judge.

Defendant’s first assignment of error concerns several instances during the defendant’s examination of plaintiff when the trial judge sustained both defendant’s objections to and motions to strike certain questions and answers but failed to instruct the jury to disregard the answers. Although the better procedure, upon allowing a motion to strike, is for the court to give the instruction to disregard the answer immediately after allowing the motion, see State v. Franks, 300 N.C. 1, 13, 265 S.E. 2d 177, 184 (1980); State v. Greene, 285 N.C. 482, 495, 206 S.E. 2d 229, 237 (1974),…