DURHAM BANK & TRUST COMPANY v. Pollard

This is an action to recover damages for the death of plaintiffs’ intestate, Charles Snead Allen, allegedly caused by the wrongful act of the defendant, Forrest A. Pollard, in slaying him on 24 April 1960.

Defendant in apt time filed a written motion to strike from the complaint paragraphs 3, 4, 7, 8, 10, 11, 12, 13, 15, 18, 19, 20 and 23, and parts of paragraphs 14 and 22. Judge Williams in his order allowed the motion to strike as to paragraphs 3, 4, 7, 13 and 15, and as to parts of paragraphs 14 and 22. He denied the motion to strike as to pragraphs 8,10,11,12,18, 19, 20 and 23. We allowed,…