State Ex Rel. North Carolina Corp. Commission v. Harnett County Trust Co.
Supreme Court of North Carolina
1Opinion of the CourtBeogdeN, J.
Does the complaint state a cause of action against the defendant ?
It is an accepted rule of law and one established by the overwhelming weight of authority that “it is the purpose of The Code system of pleading, which prevails with us, to have actions tried upon their merits, and to that end pleadings are construed liberally, every intendment is adopted in behalf of the pleader, and a complaint cannot be overthrown by a demurrer unless it be wholly insufficient. If in any portion of it, or to any extent, it presents facts sufficient to constitute a cause of action, or if facts sufficient for…
2Cases cited8 opinions
- Hoke v. . GlennSupreme Court of North Carolina · 1914
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- McIver v. Young Hardware Co.Supreme Court of North Carolina · 1907
- Besseliew v. . BrownSupreme Court of North Carolina · 1919
- Fisher v. . FisherSupreme Court of North Carolina · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Myers & Chapman v. Thomas G. EvansSupreme Court of North Carolina · 1988
- Hall v. Coble Dairies, Inc.Supreme Court of North Carolina · 1951
- Cotton Mills v. . Manufacturing Co.Supreme Court of North Carolina · 1940
- Davis v. RhodesSupreme Court of North Carolina · 1949
- Ramsey v. Nash Furniture Co.Supreme Court of North Carolina · 1936
21 more not listed; retrieve them via the Exa API.