Nimmer v. Skipper

Moss, Justice.

The appellant instituted this action to recover damages for an alleged assault and battery committed upon him by the respondent. In the original complaint it was alleged, concerning the respondent, that “he having already killed one man with his bare fists”. Upon motion duly made the quoted allegation of the complaint was stricken .therefrom pursuant to Section 10-606 of the 1952 Code of Laws of South Carolina, which provides “if irrelevant or redundant matter be inserted in a pleading it may be stricken out on motion of any person aggrieved thereby.” Thereafter an amended…