Hayes ex rel. Hayes v. City of Wilmington

G.S. 1-153 prohibits the allegations of “extraneous, evidential, irrelevant, impertinent, or scandalous matter in a complaint or answer.” Spain v. Brown, 236 N.C. 355, 72 S.E. 2d 918.

In the case at bar the motions to strike were made in apt time, and are therefore made as a matter of right, and are not addressed to the discretion of the court. Baker v. Trailer Co., 242 N.C. 724, 89 S.E. 2d 388; Daniel v. Gardner, 240 N.C. 249, 81 S.E. 2d 660.

“The denial of a motion to strike matter from a pleading under the provisions of G.S. 1-153 is not ground for reversal unless the record affirmatively…