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FIRST NATIONAL LIFE INSURANCE CO. v. FALCONER

No. 857.

158 S.E.2d 793 (1968)

272 N.C. 702

FIRST NATIONAL LIFE INSURANCE COMPANY v. Caesar Frederick FALCONER.

Supreme Court of North Carolina.

February 2, 1968.

Attorney(s) appearing for the Case

Blackwell M. Brogden, Rudolph L. Edwards, Durham, for defendant appellant.

McCoy, Weaver, Wiggins, Cleveland & Raper, by Alfred E. Cleveland, Fayetteville, for plaintiff appellee.

HIGGINS, Justice.

The plaintiff, by demurrer, has challenged the defendant's second further defense and counterclaim upon the sole ground the counterclaim constitutes a misjoinder of causes. G.S. § 1-135 provides: "The answer of defendant must contain * * * 2. A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." G.S. § 1-137 provides: "The counterclaim mentioned in this article must...

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