Williams v. Hunter

Appellant challenges the right of Judge McConnell to act on the motion to strike because, as he contends, the allowance of the motion would constitute a reversal of Judge Sharp’s order. This position would be sound if the defendants assigned some reason for removing the pleading from the file other than a failure to state a defense. This is not what they seek to accomplish. It is apparent the “Motion to Strike” is intended to test the legal sufficiency of the pleading. The way to raise that question is by demurrer. Turner v. Board of Education, 250 N.C. 456, 109 S.E. 2d 211; Rhodes v.…