Howland v. Stitzer

Certain phases of the litigation involved in this appeal have been before us on two former appeals. The first action was instituted on 5 December, 1949, and the appeal therein was heard at the Spring Term, 1950, and the opinion of this Court, dismissing the action, is reported in 231 N.C. 528, 58 S.E. 2d 104.

The present action was instituted on 24 January, 1952, and was heard at the Fall Term, 1952, on an appeal from the denial of a motion to strike certain allegations in the plaintiff’s reply. The opinion disposing of that appeal is reported in 236 N.C. 230, 72 S.E. 2d 583. The plaintiff…