Jewell v. Price

Plaintiffs’ motion to strike is addressed to each further answer and defense in its entirety and in substance, if not in .form, is a demurrer to each further answer and defense. The court, in allowing plaintiffs’ motion to strike, in effect sustained a demurrer to each of defendant’s further defenses. Hence, Rule 4(a); Rules of Practice in the Supreme Court, 254 N.C. 783, 785, does not apply. Jenkins & Co. v. Lewis, 259 N.C. 85, 87, 130 S.E. 2d 49; Williams v. Hunter, 257 N.C. 754, 127 S.E. 2d 546; Mercer v. Hilliard, 249 N.C. 725, 107 S.E. 2d 554, and eases cited.

“A demurrer or motion to…