State ex rel. Wilson v. Pearson
State ex rel. Wilson v. Pearson
Opinion of the Court
On appeal to this Court from an order entered in the court below on a motion to strike allegations contained in the pleadings, the appellant must show prejudicial error. Hinson v. Britt, 232 N.C. 379, 61 S.E. 2d 185; Woody v. Barnett, 235 N.C. 73, 68 S.E. 2d 810.
The complaint contains a prolix statement of evidentiary facts which were stricken by the court below. The allegations which remain in the complaint are sufficient to enable the trial judge to rule on the evidence tendered in the form and manner in which it is offered except in one respect.
The relator alleges in paragraph 10 that two of the ballots cast for the defendant “were illegal and void, said ballots being those cast by Charles R. Yopp and his wife, Mrs. Charles R. Yopp.” Standing alone, this is nothing more than a conclusion. Therefore, the court erred in striking that part of the complaint in which the relator alleges that said Yopp and wife lived outside the corporate limits of Lake Lure “and that
The judgment entered must be modified in accord with this opinion, and as so modified, it is affirmed.
Modified and affirmed.
Reference
- Full Case Name
- STATE OF NORTH CAROLINA on the Relation of J. PAUL WILSON v. LARRY M. PEARSON, JR.
- Status
- Published