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Insulation Co. v. Davidson County

Supreme Court of North Carolina
May 1, 1954
81 S.E.2d 925 (N.C. 1954)

Opinion

Filed 19 May, 1954.

Appeal and Error 23 — On appeal from order striking two paragraphs and parts of six other paragraphs or allegations in the answer or further answer, an assignment of error to the ruling of the court "as to the individual section stricken" and to the orders of the court generally, and to the signing of the orders, is a broadside assignment of error presenting no question for decision.

APPEAL by defendant Howard from Sink, J., November Term, 1953, DAVIDSON. Affirmed.

B. C. Brock for appellant Howard.

Charles W. Mauze for appellee Davidson County.


Civil action to recover on account for materials furnished and work done on County buildings, heard on motion of defendant Davidson County to strike certain allegations from the answer and further answer of defendant Howard.

The motion was allowed and the court below entered its order striking part of two allegations of the answer, two full paragraphs and four parts of other paragraphs (including Exhibit A.) of the further answer. Defendant Howard excepted and appealed.


The appellant's one assignment of error is as follows:

"Appellant . . . assigns as error the ruling of the Court as to the individual section stricken and to the orders of the Court generally and to the signing of the orders."

This is a general broadside assignment of error which specifieth nothing. It presents no question for decision by this Court. Worsley v. Rendering Co., 239 N.C. 547, and cases cited. Even so, an examination of the record discloses that the order was well advised.

Affirmed.


Summaries of

Insulation Co. v. Davidson County

Supreme Court of North Carolina
May 1, 1954
81 S.E.2d 925 (N.C. 1954)
Case details for

Insulation Co. v. Davidson County

Case Details

Full title:LEXINGTON INSULATION COMPANY v. DAVIDSON COUNTY, NORTH CAROLINA…

Court:Supreme Court of North Carolina

Date published: May 1, 1954

Citations

81 S.E.2d 925 (N.C. 1954)
81 S.E.2d 925

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