Turner Ex Rel. Turner v. Gastonia City Board of Education

This proceeding was heard upon a demurrer.

A demurrer lies only when the defect asserted as the ground of demurrer is apparent upon the face of the pleading attacked. Construction Co. v. Electrical Workers Union, 246 N.C. 481, 98 S.E. 2d 852; Cheshire v. First Presbyterian Church, 220 N.C. 393, 17 S.E. 2d 344; Credit Corp. v. Satterfield, 218 N.C. 298, 10 S.E. 2d 914; Kennerly v. Town of Dallas, 215 N.C. 532, 2 S.E. 2d 538; 41 Am. Jur., Pleading, § 208.

A demurrer which requires reference to facts not appearing on the *465face of the pleading assailed is a “speaking demurrer,” and is bad. McDowell…