Council v. Dickerson's, Inc.

Motions to strike out separate parts of pleadings are sanctioned by this provision of the Code of Civil Procedure: “If irrelevant or redundant matter is inserted in a pleading, it may be stricken out on motion of any person aggrieved thereby, but this motion must be made before answer or demurrer, or before an extension of time to plead is granted.” G.S. 1-153.

Matter in a pleading is irrelevant within the purview of the statute if it has no substantial relation to the controversy between the parties in the particular action. Howell v. Ferguson, 87 N.C. 113.

No occasion arises in the instant…