(Download) "Penny v. Stone" by Supreme Court of North Carolina No. 675 ~ eBook PDF Kindle ePub Free

eBook details
- Title: Penny v. Stone
- Author : Supreme Court of North Carolina No. 675
- Release Date : January 10, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
An allegation in a pleading is irrelevant and immaterial whenever it is of such nature that evidence in support thereof would be incompetent at the hearing. Nothing ought to remain in a pleading, over objection, which is incompetent to be shown in evidence. Pemberton v. Greensboro, 203 N.C. 514, 166 S.E., 396; Duke v. Children's Com., 214 N.C. 570, 199 S.E., 918. On a motion to strike, the test of relevancy of a pleading is the right of the pleader to present the facts to which the allegation relates in evidence upon the trial. Trust Co. v. Dunlop, 214 N.C. 196, 198 S.E., 645.