Opinion
Filed 23 September, 1953.
APPEAL by defendant from Parker (Joseph W.), J., April Term, 1953, NASH. Affirmed.
O. B. Moss for plaintiff appellees.
Cooley May for defendant appellants.
Civil action to abate a nuisance and to recover compensation for alleged damages to plaintiffs' real property proximately resulting from the maintenance thereof, heard on motion to strike allegations contained in defendant's "further answer and defense." The motion was allowed and defendant excepted and appealed.
The facts alleged in defendant's further answer which were stricken by the order entered in the court below constitute no valid defense. They are wholly extraneous and irrelevant. If the defendant has any affirmative defense or relevant new matter it desires to plead, it is fully protected in this respect by the order granting leave to amend.
The order entered in the court below must be
Affirmed.