Lowman v. City of Asheville

Ordinarily whether or not the trial judge grants a motion to make a pleading more definite, as provided in G. S., 1-153, is within his discretion. And where there is nothing on the record, as in the instant case, to indicate the motion was denied as a matter of law, it will be presumed the judge denied it in his discretion. Brown v. Hall, 226 N. C., 732, 40 S.E. (2d), 412; Cody v. Hovey, 219 N. C., 369, 14 S. E. (2d), 30; Wolf v. Goldstein, 192 N. C., 818, 135 S. E., 39; Hensley v. Furniture Co., 164 N. C., 148, 80 S. E., 154. It would seem the motion had some merit, but such orders entered…