Daniel v. Gardner

Tbe statute, G.S. 1-153, under which the defendant’s motion to strike was made, provides: “If irrelevant or redundant matter is inserted in a pleading, it may be stricken out on motion of any person aggrieved thereby, . . The defendant lodged his motion before answer, demurrer, or extension of time to plead. This being so, he may claim the benefits of the statute as a matter of right, rather than of grace. Brown v. Hall, 226 N.C. 732, 40 S.E. 2d 412; Hill v. Stansbury, 221 N.C. 339, 20 S.E. 2d 308.

As bearing upon the interpretation and application of this statute, these propositions may be…