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Richardson v. Welch

Supreme Court of North Carolina
Jun 1, 1950
59 S.E.2d 632 (N.C. 1950)

Opinion

Filed 9 June, 1950.

Pleadings 31 — Allegations against one who is not a party to an action, and which have no bearing on the plaintiff's right to obtain the relief sought, do not constitute proper pleadings and should, on motion, be stricken therefrom.

APPEAL by defendant, Winifred A. Fishel, Guardian for Zella C. Welch, from Crisp, Special Judge, at February Term, 1950, of FORSYTH.

Geo. W. Braddy for plaintiff.

Elledge Browder for defendant.


Civil action instituted to recover for services rendered to Zella Welch. Thereafter Zella Welch was adjudged incompetent and Winifred A. Fisher was duly appointed as her Guardian, and made a party defendant.

An amended complaint was filed and the plaintiff alleges that compensation was denied the plaintiff by reason of the improper influence and conduct of the brother of Zella Welch, who is not a party to the action.

The defendant moved to strike these allegations, the motion was denied, and the defendant Guardian appealed, assigning error.


Allegations against one who is not a party to an action, and which have no bearing on the plaintiff's right to obtain the relief sought, do not constitute proper pleadings and should, on motion, be stricken therefrom.

The motion to strike, interposed below, should have been granted. The ruling of the court below is

Reversed.


Summaries of

Richardson v. Welch

Supreme Court of North Carolina
Jun 1, 1950
59 S.E.2d 632 (N.C. 1950)
Case details for

Richardson v. Welch

Case Details

Full title:MAGGIE RICHARDSON v. ZELLA WELCH AND WINIFRED A. FISHEL, GUARDIAN FOR…

Court:Supreme Court of North Carolina

Date published: Jun 1, 1950

Citations

59 S.E.2d 632 (N.C. 1950)
59 S.E.2d 632