Poovey v. City of Hickory

CoNNOR, J".

It appears from a recital in the order from which the plaintiff has appealed to this Court, that the motion of the defendant was allowed by the court in its discretion. The motion was made in writing before the time allowed by statute for answering the complaint had expired. The motion was not addressed to the discretion of the court, but was made by the defendant as a matter of right. The order allowing the motion.is therefore subject to review by this Court on plaintiff’s appeal, notwithstanding the recital therein that the motion was allowed by the court in its discretion. C.…