REGISTER v. NIAGARA FIRE INS. CO.

248 S.C. 504 (1966) | Cited 2 times | Supreme Court of South Carolina | December 1, 1966

December 1, 1966.

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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