Dunn v. Dunn

The plaintiff’s motion to strike was treated as a demurrer ore tenus and was allowed on the ground that the new matter set up in each of the further defenses alleges no valid defense. The procedure followed has the sanction of this Court. Jenkins v. Fields, 240 N.C. 776, 83 S.E. 2d 908; Williams v. Hospital Asso., 234 N.C. 536, 67 S.E. 2d 662; Bank v. Hill, 169 N.C. 235, 85 S.E. 209. However, the rule is that a motion to strike allegations of an answer for failure to state a defense should not be granted if the allegations state any fact, or combination of facts, which, if true, entitle the…