State Ex Rel. Tillett v. Mustian

The demurrer admits the allegations of fact contained in the complaint, but does not admit legal conclusions drawn therefrom by the pleader. McKinley v. Hinnant, 242 N.C. 245, 87 S.E. 2d 568.

The gist of relator’s complaint is that, by reason of the election held 3 May, 1955, Kill Devil Hills ceased to exist as a municipal corporation on and after 1 June, 1955.

The relator alleges that he “is a citizen, resident and taxpayer of Kill Devil Hills.” Yet he alleges the nonexistence of such municipal corporation. He alleges that on 3 May, 1955, respondents were duly elected to their respective…