Van Every v. Van Every

The plaintiff has appealed from an adverse judgment on the pleadings. The motion for such judgment is in the nature of a demurrer, allowable against the plaintiff only when the complaint as modified by the reply fails to allege facts sufficient to state a cause of action or admits facts which constitute a complete legal bar thereto. When all facts necessary to establish the plea in bar are either alleged or admitted in the plaintiff’s pleadings, it becomes the duty of the court to pass on the plea as a matter of law. McFarland v. Publishing Co., 260 N.C. 397, 132 S.E. 2d 752; Erickson v.…