McAdams v. Blue

Rule 4 of the Rules of Practice in the Court of Appeals of North Carolina contains the following proviso:

“The Court of Appeals Will Not Entertain an Appeal:

4:- * #(b) From an order striking or denying a motion to strike allegations contained in pleadings. When a party conceives that such order will be prejudicial to him on the final hearing of said cause, he may petition this Court for a writ of certiorari within thirty days from the date of the entry of the order.”

Defendants contend that because of the above rule plaintiffs’ appeal should be dismissed. We hold otherwise.

In Etheridge v. Light…