Legal Opinion
Odom v. . Palmer
Supreme Court of North Carolina
Decided December 11, 1935PublishedCited by 7 opinions
1Opinion of the CourtDevin, J.
The plaintiffs’ motion to dismiss the petition or interplea on the ground that it did not state facts sufficient to show any right to the proceeds in question, treated as a demurrer ore tenus, was properly denied.
A demurrer admits, for the purpose, the truth of the allegations of fact and challenges the right of the pleader in any view of the matter. In re Champion Bank and Trust Co., 207 N. C., 802.
The interplea filed by permission of the court, and without objection, alleges that the fund in question was recovered in a suit by the heirs of John W. Odom; that it was decreed to be paid to the…
2Cases cited9 opinions
- Guthrie v. City of DurhamSupreme Court of North Carolina · 1915
- Buchanan v. . ClarkSupreme Court of North Carolina · 1913
- Campbell v. . MurphySupreme Court of North Carolina · 1856
- Alsworth v. Richmond Cedar WorksSupreme Court of North Carolina · 1916
- Equitable Life Assurance Society of the United States v. LazarusSupreme Court of North Carolina · 1934
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Town of Burnsville v. BooneSupreme Court of North Carolina · 1950
- Vestal v. Moseley Vending MacHine Exchange, Inc.Supreme Court of North Carolina · 1941
- Edgewood Knoll Apartments, Inc. v. BraswellSupreme Court of North Carolina · 1954
- Hill v. . LindsaySupreme Court of North Carolina · 1936
- Best v. . GarrisSupreme Court of North Carolina · 1937
2 more not listed; retrieve them via the Exa API.