Town of Apex v. Templeton

The appealing defendants except and assign as error the refusal of his Honor to submit to the jury the issues of fact arising on the pleadings. His Honor was apparently under the impression that the order entered by Judge Thompson struck out the entire answer or that the answer interposed no defense other than the counterclaim, which was properly stricken out. Commissioners v. Hall, 177 N. C., 490, 99 S. E., 372; Graded School v. McDowell, 157 N. C., 316, 72 S. E., 1083; Gatling v. Commissioners of Carteret, 92 N. C., 536. We think the order entered by Judge Thompson had the effect only of…