Parnell v. Nationwide Mutual Insurance

Plaintiff’s motion to strike is addressed to defendant’s further answer and defense in its entirety and in substance, if not in form, is a demurrer. The court, in allowing plaintiff’s motion to strike, in effect sustained a demurrer to defendant’s further answer and defense. Jewell v. Price, 259 N.C. 345, 348, 130 S.E. 2d 668, and cases cited.

In considering plaintiff’s motion to strike (demurrer), the facts alleged by defendant are deemed admitted. Jenkins & Co. v. Lewis, 259 N.C. 86, 88, 130 S.E. 2d 49; Pack v. McCoy, 251 N.C. 590, 112 S.E. 2d 118; Trust Co. v. Currin, 244 N.C. 102, 92 S.E.…