Hawkins v. Moss, 90.
| Decision Date | 30 September 1942 |
| Docket Number | No. 90.,90. |
| Citation | 21 S.E.2d. 873,232 N.C. 95 |
| Court | North Carolina Supreme Court |
| Parties | HAWKINS. v. MOSS. |
Appeal from Superior Court, Buncombe County; F. Donald Phillips, Judge.
Action by Merrimon Hawkins against Clyde R. Moss to recover damages for alleged alienation of the affections of plaintiff's wife. From an adverse judgment, defendant appeals.
Judgment modified and affirmed.
Civil action to recover damages for alleged alienation of the affections of plaintiff's wife.
Motion of defendant, aptly made in court below, to strike certain portions of the complaint, was overruled, except as to one phrase. Defendant appealed therefrom to Supreme Court, and assigns error.
W. K. McLean and Vonno L. Gudger, both of Asheville, for appellant.
No counsel contra.
"The function of a complaint" as stated by Walker, J, in Winders v. Hill, 141 N.C. 694, 54 S.E. 440, 443, See, also, Revis v. Asheville, 207 N.C. 237, 176 S.E. 738.
Upon motion of any party aggrieved, aptly made, the court may strikeout irrelevant and redundant matter appearing in a complaint. C.S. § 537. Applying this statute and the principle above stated to the complaint in hand, it appears that all the portions to which exception is taken and which were not stricken out below, other than the allegations in paragraphs nine and ten, relate directly to the ultimate facts and, though of decorative quality and expressed in somewhat high-flown language, they are within the pale of proper pleading in statement of the cause of action. See McDonald v. Zimmerman, 206 N.C. 746, 175 S.E. 92. On the other hand, the...
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Woodard v. Mordecai
...to prove the ultimate facts. Long v. Love, 230 N.C. 535, 53 S.E.2d 661; Brown v. Hall, 226 N.C. 732, 40 S.E.2d 412; Hawkins v. Moss, 222 N.C. 95, 21 S.E.2d 873. G.S. § 1-185 requires the trial judge to find and state the ultimate facts only. Eley v. Atlantic Coast Line R. R., 165 N.C. 78, 8......
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East Carolina Lumber Co. v. Pamlico County
...specific evidentiary facts, if and when offered, showing the Receiver's lack of legal authority to make the deed. See Hawkins v. Moss, 222 N.C. 95, 21 S.E.2d 873; Daniel v. Gardner, 240 N.C. 249, 81 S.E.2d 660. The conclusion here reached is not at variance with the rules explained and appl......
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Foster v. Holt
...in his complaint, and therefore he should allege all of the material facts, and not the evidence to prove them, * * *.' Hawkins v. Moss, 222 N.C. 95, 21 S.E.2d 873; Truelove v. Durham & Southern R. Co., 222 N.C. 704, 24 S.E.2d The judgment of the court below is affirmed. Affirmed. ...
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Ledford v. Marion Transp. Co.
...v. Atlantic Greyhound Corp., 235 N.C. 225, 69 S.E.2d 319; Terry v. Capital Ice & Coal Co., 231 N.C. 103, 55 S.E.2d 926; Hawkins v. Moss, 222 N.C. 95, 21 S.E.2d 873; Hill v. Stansbury, 221 N.C. 339, 20 S.E.2d 308; McDonald v. Zimmerman, 206 N.C. 746, 175 S.E. The ruling of the court below is......