Tar Heel Hosiery Mill v. Durham Hosiery Mills

Summons was issued and complaint filed in tbis action on 25 September, 1929. Before tbe time allowed by law for tbe filing of a demurrer or of an answer to tbe complaint bad expired, tbe defendant moved tbe court to strike certain allegations from tbe complaint on tbe ground (1) tbat said allegations are irrelevant and immaterial to tbe cause of action alleged in tbe complaint; (2) tbat tbe reading of said irrelevant and immaterial allegations at tbe trial and in tbe presence of tbe jury would be bigbly prejudicial to tbe defendant, and (3) tbat tbe presence of said allegations in tbe…