Winborne v. Winborne

HEDRICK, Judge.

The one question' presented by this appeal is whether the trial court erred in allowing defendant’s motion to dismiss plaintiff’s action for failure to state a claim upon which relief could be granted.

In North Carolina a complaint should not be dismissed for failure to state a claim upon which relief can be granted unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief. A complaint may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to sup…