Seawell v. Chas. Cole & Co.

Another branch of this matter was before this Court. See Johnson, Admr., v. Leavitt, 188 N. C., p. 682.

The record discloses that the defendants’ counsel “thereupon demurred ore tenus for that the complaint does not state a cause of action. The court thereupon dictated to the clerk its order and judgment sustaining the demurrer and dismissing the action, to which the plaintiff excepted and appealed to the Supreme Court.” No counsel appeared in this Court for the defendant, and the demurrer was not renewed in this Court. C..S.,.512, is as follows: “The demurrer must distinctly specify the…