Meir v. Walton

The sole assignment of error brought forward by the defendants attacks the portion of the judgment which permanently restrains them from using that portion of the dirt path located on the property of the plaintiffs as shown on the map referred to by the court below when it determined the true and correct boundary between the parties. This exception is based on the fact that there was no demand for a permanent restraining order in the prayer for relief of the plaintiffs’ complaint.

G.S. 1-122 provides that the complaint must contain . . demand for the relief to which the plaintiff supposes…