De Loatch v. Beamon

Judge Carr, in entering final judgment, treated defendants’ prayer that, the action be dismissed as a motion for judgment on the pleadings. The rules applicable upon consideration of such motion are fully stated in Erickson v. Starling, 235 N.C. 643, 71 S.E. 2d 384. Suffice to say, we are in agreement with Judge Carr’s ruling that the pleadings do not raise an issue of fact as to any material matter. The question arising thereon is a question of law, namely, whether the proposed expenditures are “necessary expenses” within the terms of Article VII, Section 7, of the Constitution of North 9…