Wellons v. . Lassiter

Tbe plaintiff in apt time before tbe clerk made a motion to strike out defendants’ answer for tbe reason tbat it was sbam and frivolous under C. S., 510, wbicb is as follows: “Sbam and irrelevant answers and defenses may be stricken out on motion, upon sucb terms as tbe court may in its discretion impose.” Tbis motion was denied by tbe clerk and tbe plaintiff excepted and appealed to tbe Superior Court. Tbe cause being on appeal in tbe Superior Court, tbe court below bad tbe power and authority to bear tbe matter. C. S., 536. Washington v. Hodges, ante, at p. 370.

Tbe court below struck out…