Register v. Niagara Fire Insurance
This text of 151 S.E.2d 640 (Register v. Niagara Fire Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal from an order of the lower court denying a motion to strike certain allegations of the complaint as irrelevant, immaterial, and redundant.
The general rule is well settled that an order refusing to strike allegations in a pleading as irrelevant and redundant is not conclusive upon the trial of the case on the merits and is not appealable. Sparks v. D. M. Dew & Sons, Inc., 230 S. C. 507, 96 S. E. (2d) 488; Winchester v. United Insurance Co., 231 S. C. 288, 98 S. E. (2d) 530; Blackmon v. United Insurance Co., 233 S. C. 424, 105 S. E. (2d) 521; Tate v. Oxner, 236 S. C. 313, 114 S. E. (2d) 225; Mason v. Kresge, 247 S. C. 144, 146 S. E. (2d) 158. Application of the foregoing rule to the present appeal requires that it be dismissed; and it is so ordered.
Appeal dismissed.
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Cite This Page — Counsel Stack
151 S.E.2d 640, 248 S.C. 504, 1966 S.C. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/register-v-niagara-fire-insurance-sc-1966.