Jones v. Home Building & Loan Ass'n of Thomasville

Defendant, as it had a right to do (G.S. 1-134; Howze v. McCall, 249 N.C. 250, 106 S.E. 2d 236), filed in the Supreme Court a demurrer ore tenus to the complaint, and an amendment thereto allowed by the trial court in its discretion after'the close'of all the evidence introduced by plaintiffs and defendant, for the reason that the complaint, and the amendment thereto, does not state facts sufficient to constitute a cause of action, in that the complaint, and the amendment thereto, fails to allege that defendant had any knowledge of an underground stream running through its land or that any…