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WILLIAMS v. UNION COUNTY HOSPITAL ASS'N

No. 525.

67 S.E.2d 662 (1951)

234 N.C. 536

WILLIAMS v. UNION COUNTY HOSPITAL ASS'N, Inc.

Supreme Court of North Carolina.

November 21, 1951.

Attorney(s) appearing for the Case

Covington & Lobdell, Charlotte, for plaintiff appellant.

J. Laurence Jones and Jno. H. Small, Charlotte, for defendant appellee.

BARNHILL, Justice.

When new matter is alleged in an answer by way of an affirmative defense, the sufficiency of the plea as a defense to plaintiff's cause of action may be tested either by demurrer or by motion to strike. Both remedies are available to plaintiff. Each is an appropriate method of testing the sufficiency of the plea as a defense to plaintiff's cause of action.

"The plaintiff may in all cases demur to an answer containing new matter, where, upon...

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