Petty v. . Lemons

The merits of the case are not before us. It is alleged that the defendant Exchange, through its attorney in fact, executed a public liability bond pursuant to the terms of an ordinance which apparently requires only an indemnity bond. Annotation 96 A. L. R., 356. The bond itself is not a part of the complaint. We are unable to determine its character without seeing it. Sossamon v. Cemetery, Inc., 212 N. C., 535, 193 S. E., 720.

Bealizing that the characterization of the bond is only a conclusion of the pleader and that the rights of the parties ought not to be prejudiced by an adjudication…