(DOWNLOAD) "Gallimore V. State Highway And Public Works Commission" by Supreme Court of North Carolina * Book PDF Kindle ePub Free
eBook details
- Title: Gallimore V. State Highway And Public Works Commission
- Author : Supreme Court of North Carolina
- Release Date : January 14, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Does the clerk have jurisdiction to rule on a motion to strike interposed under G.S. 1-153? Disposition of these appeals does not require an answer to this question. However, we note that this statute provides: "Any such motion to strike any matter out of any pleading may, upon ten days' notice to the adverse party, be heard out of term by the resident judge of the district or by any judge regularly assigned to hold the courts of the district." Too, the prejudicial effect of objectionable allegations in a pleading ordinarily arises from the reading of such allegations to the jury even though evidence in support thereof is not admitted. Privette v. Privette, 230 N.C. 52, 51 S.E.2d 925; Light Co. v. Bowman, 231 N.C. 332, 56 S.E.2d 602. Hence, the prejudicial effect of objectionable allegations in a petition filed under G.S. 40-12 ordinarily
 "Gallimore V. State Highway And Public Works Commission" by Supreme Court of North Carolina * Book PDF Kindle ePub Free){kind=link}