Lamm v. Crumpler

Taking the facts alleged in the complaint to be true, as is done in this State when considering the sufficiency of a pleading in a civil action to withstand the challenge of demurrer, and applying applicable principles of law, this Court is of opinion and holds that the action of the judge of Superior Court in overruling the demurrer filed by defendants was proper.

At the outset it is appropriate to say that in the light of the allegations of the complaint now before the Court, the decision in the former action of Lamm v. Crumpler, 233 N.C. 717, 65 S.E. 2d 336, has no bearing on the decision…