Legal Opinion

Hamilton v. Hamilton

Supreme Court of North Carolina

Decided October 12, 1955No. 241PublishedCited by 2 opinions

1Opinion of the CourtDbnNY, J.

We will not.disturb the ruling of the trial judge on a motion to strike unless the appellant can show that the retention or deletion of the allegation or allegations complained of would prejudice the rights of such party. Ledford v. Transportation Co., 237 N.C. 317, 74 S.E. 2d 653; Hinson v. Britt, 232 N.C. 379, 61 S.E. 2d 185. Certainly, the plaintiff will not be prejudiced by the allegation to the effect that the defendant has obtained a divorce since the execution of the separation agreement. It was clearly within the contemplation of the parties at the time the separation agreement was…

2Cases cited10 opinions

  1. Archbell v. ArchbellSupreme Court of North Carolina · 1912
  2. Archbell v. . ArchbellSupreme Court of North Carolina · 1912
  3. Smith v. . KingSupreme Court of North Carolina · 1890
  4. Hinson v. BrittSupreme Court of North Carolina · 1950
  5. Sparks v. . SparksSupreme Court of North Carolina · 1886

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3Cited by2 opinions

  1. Haynes v. HaynesCourt of Appeals of North Carolina · 1980
  2. McKnight v. McKnightCourt of Appeals of North Carolina · 1975

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