Legal Opinion

Newton v. . Chason

Supreme Court of North Carolina

Decided May 23, 1945PublishedCited by 4 opinions

1Opinion of the CourtSchenck, J.

This appeal poses the single determinative question: Does the complaint state facts sufficient to constitute a cause of action? If the answer be in the negative the ruling and judgment of the trial judge was correct; while if the answer be in the affirmative the ruling and judgment of the trial judge was erroneous. We are constrained to hold that the answer is in the negative.

A demurrer admits only relevant facts well pleaded and relevant inferences of fact readily dedueible therefrom, but does not admit the conclusions of law or inferences of law contained in the complaint. Whitehead v.…

2Cases cited11 opinions

  1. Newby & White v. Drainage DistrictSupreme Court of North Carolina · 1913
  2. Mann v. . MannSupreme Court of North Carolina · 1918
  3. Banks v. . LaneSupreme Court of North Carolina · 1915
  4. Whitehead v. . Telephone Co.Supreme Court of North Carolina · 1925
  5. Banks v. LaneSupreme Court of North Carolina · 1916

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Armstrong Ex Rel. Martin v. ArmstrongSupreme Court of North Carolina · 1949
  2. Amazon Cotton Mills Co. v. Duplan Corp.Supreme Court of North Carolina · 1957
  3. In Re Lyon Swamp Drainage & Levee DistrictSupreme Court of North Carolina · 1947
  4. In re Perquimans County Drainage District No. FourSupreme Court of North Carolina · 1961

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