Town of Fuquay Springs v. Rowland

Defendant Rowland fails to assign as error tbe order overruling bis demurrer or to bring tbe exception forward and discuss tbe same in bis brief. Even so, in tbe light of our conclusion herein, this is immaterial.

A judge of a court of this State is not subject to civil action for errors committed in tbe discharge of bis official duties. Consequently no cause of action is stated against defendant Rowland, and as to him tbe action is dismissed ex mero motu.

“When . . . tbe complaint fails to state a cause of action, that is a defect upon tbe face of tbe record proper, of which tbe Supreme Court…