Legal Opinion
Van Kempen v. . Latham
Supreme Court of North Carolina
Decided March 28, 1928PublishedCited by 6 opinions
1Opinion of the CourtClabksoN, J.
It is a general rule tbat a demurrer is an admission of the truth of every material fact properly averred in 'the complaint. It admits such facts are properly pleaded and all inference and intendment tbat may fairly and reasonably be drawn therefrom. The Code system of pleading, which prevails with us, is to have actions tried upon their merits, and to that end pleadings are construed liberally.
From the allegations of the complaint and the reasonable inferences we have: (1) The execution of the two notes now due and owing, aggregating $30,000 and interest, made by E. W. Rosenthal and E. B.…
2Cases cited9 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- Thompson v. WhitmanSupreme Court of the United States · 1874
- Andrews v. AndrewsSupreme Court of the United States · 1903
- Hanley v. DonoghueSupreme Court of the United States · 1885
- Embry v. PalmerSupreme Court of the United States · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Pontiac Trust Co. v. NewellMichigan Supreme Court · 1934
- In Re OsborneSupreme Court of North Carolina · 1934
- First-Citizens Bank & Trust Co. v. Four Oaks Bank & Trust Co.Court of Appeals of North Carolina · 2003
- Van Kempen v. . LathamSupreme Court of North Carolina · 1931
- O'Connell v. SmithMissouri Court of Appeals · 1939
1 more not listed; retrieve them via the Exa API.