Parrish v. Brantley

The demurrers challenge the complaint upon two grounds: (1) Failure to allege facts sufficient to constitute a cause of action; and (2) misjoinder of parties and causes. The Court passes on a demurrer as a matter of law. If the facts alleged in a complaint constitute a defective statement of a good cause of action, judgment is entered sustaining the demurrer but permitting the plaintiff to amend. G.S. 1-131. Lumber Co. v. Pamlico County, 250 N.C. 686, 110 S.E. 2d 282. However, if the complaint shows the plaintiff does not have a cause of action, that is, the cause he attempts to allege is…