Long v. Love
| Decision Date | 02 June 1949 |
| Docket Number | No. 74.,74. |
| Citation | 53 S.E.2d 661,230 N.C. 535 |
| Parties | LONG. v. LOVE. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Alamance County; Geo. B. Patton, Special Judge.
Civil action to recover personal injuries from an assault and battery in which provisional remedy of arrest and bail was invoked by E. M. Long against Frank R. Love. From the judgment overruling defendant's motion to strike certain portions of the complaint, defendant appeals.
Affirmed.
Civil action to recover damages for alleged personal injuries resulting from assault and battery in which the provisional remedy of arrest and bail is invoked.
Defendant in apt time filed motion to strike certain portions of the complaint as being "redundant, tautological and evidential", to his prejudice. The court, being of opinion that the motion should not be granted, denied it in the entirety.
Defendant appeals to Supreme Court and assigns error.
Cooper, Sanders & Holt, Burlington, for plaintiff appellee.
Thos. C. Carter, Burlington, Long & Ross, Graham, for defendant appellant.
Upon motion of any party aggrieved, aptly made, the court may strike out irrelevant and redundant matter appearing in a complaint. G.S. § 1-153, formerly C.S. § 537. Defendant proceeds under this authority, and challenges the decision of the court below in denying his motion. This brings into focus the portions of the complaint to which objection is made.
In this connection it is provided by statute that the complaint must contain, among other things, "a plain and concise statement of the facts constituting a cause of action, without unnecessary repetition". G.S. § 1-122. Moreover, it is pertinent to note what is the function of a complaint. In Winders v. Hill, 141 N.C. 694, 54 S.E. 440, 443, in opinion by Walker, J., this Court has this to say: ...
To continue reading
Request your trial
-
Allred v. Graves, 532
...person or character or for wilfully, wantonly or maliciously injuring, * * * real or personal property.' G.S. § 1-410(1); Long v. Love, 230 N.C. 535, 53 S.E.2d 661. For such acts, when a cause of action is properly alleged and proved and at least nominal damages are recovered by the plainti......
-
Capital Outdoor Advertising, Inc. v. City of Raleigh
... ... any proceeding." The rule clearly allows a superior court judge to sign a written order out of session without the consent of the parties so long as the hearing[337 N.C. 159] to which the order relates was held in term. Barbee v. Jewelers, Inc., 40 N.C.App. 760, 761, 253 S.E.2d 596, 597-98 ... ...
-
Woodard v. Mordecai
...action or the defendant's defense; and evidentiary facts are those subsidiary facts required 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......
-
Pratt v. Bishop
...the ultimate jurisdictional fact that Gerri was an abandoned child at the time of the institution of the proceeding. Long v. Love, 230 N.C. 535, 53 S.E.2d 661. Having alleged it, the burden then devolved upon the petitioner to prove at the trial the abandonment in conformity with the statut......