Nationwide Mutual Insurance v. Aetna Casualty & Surety Co.

Ordinarily, the Court of Appeals will' not entertain an appeal from an order striking or denying a motion to strike allegations contained in pleadings.. Rule 4 (b); Rules of Practice in the Court of Appeals. In this case, however, the plaintiff’s motions to strike are addressed to each further answer and defense in its entirety on the grounds that the facts alleged therein do not constitute a legal defense. The plaintiff’s motions are, therefore, in substance demurrers to the further answers in their entirety and will be so considered. Jewell v. Price, 259 N.C. 345, 130 S.E. 2d 668 (1963);…