Evans v. Rose, No. 7126DC424
Decision Date | 04 August 1971 |
Docket Number | No. 7126DC424 |
Citation | 182 S.E.2d 591,12 N.C.App. 165 |
Court | North Carolina Court of Appeals |
Parties | James C. EVANS et al., Plaintiffs-Appellees, v. Dorothy ROSE, Defendant-Appellant. |
Legal Aid Society of Mecklenburg County by Gail F. Barber and James A. Long, IV, Charlotte, for defendant.
The only question presented to this Court is whether the trial judge erred in striking from the answer defendant's 'affirmative defenses'. The questions argued by defendant are succinctly stated in defendant's brief as follows:
'The lower court erred in striking those portions of defendant's answer which alleged that plaintiff sought to evict defendant solely in retaliation for defendant's exercise of constitutionally protected rights
We hold that the trial judge was correct instriking the defendant's 'affirmative defenses' as being irrelevant to the landlords' right to recover possession of their property.
Affirmed.
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