[DOWNLOAD] "King v. Insurance Co." by Supreme Court of North Carolina # eBook PDF Kindle ePub Free
eBook details
- Title: King v. Insurance Co.
- Author : Supreme Court of North Carolina
- Release Date : January 27, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The motion to dismiss the appeal is overruled. The motion to strike the allegations concerning the recovery of punitive damages and the prayer therefor is in the nature of a judgment sustaining a demurrer for the failure to allege facts sufficient to constitute a cause of action for the recovery of punitive damages. Oil Co. v. Richardson, 271 N.C. 696, 157 S.E.2d 369; Williams v. Hunter, 257 N.C. 754, 127 S.E.2d 546. In this respect there is a distinction between an order striking portions of a pleading because redundant, irrelevant, evidentiary or otherwise improper allegations and an order striking portions of a pleading on the ground that the allegations are not legally sufficient to constitute a basis for the asserted right. The order here in question falls into the second category insofar as the plaintiff's expections thereto, which are now before us, are concerned. We turn, therefore, to a consideration of the appeal on its merits.
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