Patuxent Development Co. v. Bearden

Since tbe defendant made ber motion to strike witbin tbe statutory period ber demand to bave irrelevant and redundant matter stricken from tbe complaint comes bere for review as a matter of right and not of judicial discretion. G. S., 1-153; Herndon v. Massey, 217 N. C., 614, 8 S. E. (2d), 914; Hill v. Stansbury, 221 N. C., 339, 20 S. E. (2d), 308; Patterson v. R. R., 214 N. C., 38, 198 S. E., 364. If tbe matter sought to be deleted is found to be of tbe character described in tbe statute, tbe court has no alternative but to strike it out. It is not only a right of tbe defendant, but one of…