Rucker v. . Snider Brothers, Inc.

This is the same case that was before us, on petition to remove, at the Fall Term, 1936, reported in 210 N. C., 778.

The ruling on the motion to strike will be upheld on authority of Pemberton v. Greensboro, 203 N. C., 514, 166 S. E., 396; S. c., 205 N. C., 599, 172 S. E., 196. Nothing was said in Poovey v. Hickory, 210 N. C., 630, 188 S. E., 78, or Jackson v. Bank, 203 N. C., 357, 166 S. E., 176, which conflicts with this view.

On the argument, appellant interposed a demurrer ore tenus to the complaint on the ground that it does not state facts sufficient to constitute a cause of action…