Wood v. . Kincaid
Supreme Court of North Carolina
Civil aotioN, heard before Moore and a jury, at January Term, 1907, of the Superior Court of Ikedell County. . This action was brought by the plaintiff to recover of the defendant, the Cleveland Manufacturing Company, damages for injuries which it is alleged were sustained while in its employ, through its negligence, and against the other defendant, the Fidelity and Casualty Company, upon the allegation that by the terms of a written contract between the said defendants,…
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Civil aotioN, heard before Moore and a jury, at January Term, 1907, of the Superior Court of Ikedell County. . This action was brought by the plaintiff to recover of the defendant, the Cleveland Manufacturing Company, damages for injuries which it is alleged were sustained while in its employ, through its negligence, and against the other defendant, the Fidelity and Casualty Company, upon the allegation that by the terms of a written contract between the said defendants, which was supported by a sufficient consideration, the Fidelity and Casualty Company became equally liable with its…
1Opinion of the Court
Walker, J.,
after stating the case: A demurrer is an objection that the pleading against which it is directed is insufficient in law to support the action or defense, and that the demurrant shoiild not, therefore, be required to further plead. It is not its office to set out facts, but it must stand or fall by the facts as alleged in the opposing pleading, and it can raise only questions of law as to their sufficiency. It is a fundamental rule of law that a demurrer will only lie for defects which appear upon the face of the alleged defective pleading, and extraneous or collateral facts stated…
2Cases cited10 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
- Woodcock v. . BosticSupreme Court of North Carolina · 1896
- Aiken v. Manufacturing Co.Supreme Court of North Carolina · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Hayes v. City of WilmingtonSupreme Court of North Carolina · 1956
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- State v. ScottSupreme Court of North Carolina · 1921
- Hall v. Coble Dairies, Inc.Supreme Court of North Carolina · 1951
- Sandlin v. City of WilmingtonSupreme Court of North Carolina · 1923
23 more not listed; retrieve them via the Exa API.