Town of Wadesboro v. Coxe

This is an appeal by the defendants from a denial of their motion to strike from the complaint paragraphs 8 and 9 for that the allegations therein are irrelevant and immaterial to the plaintiff’s alleged canse of action, said motion having been made in apt time under C. S., 537.

The complaint alleges that the defendants Fred J. Coxe ánd wife, Elizabeth D. Coxe, were property owners within the town of Wadesboro, and were two of the majority of property owners who petitioned the town to improve certain lots of land with frontage on Lee Avenue, and that pursuant to the petition, and in accord…