State Ex Rel. Avery County v. Braswell

Does the complaint state a cause of action? On this question, we are in agreement with the ruling below.

It is generally held in this jurisdiction that, by demurring, a defendant admits as true every material fact alleged in the complaint. Both the statute and our decisions require that the complaint be liberally construed and every reasonable intendment and presumption must be in favor of the pleader. The complaint must be fatally defective before it will be rejected. C. S., 535. Ins. Co. v. McCraw, ante, 105, 1 S. E. (2d), 369, and cases there cited.

“Every public officer is bound to perform…