Love v. Commissioners of Chatham County
Supreme Court of North Carolina
Civil action, tried before Tourgee, J., at Spring Term 1870 of Chatham Court. The plaintiff alleged that the former County Court of Chatham had incurred the two debts for which he now demanded judgment, in building, and repairing bridges; and that they had been allowed, after being scaled. No demand for such debts was alleged. The defendant demurred because the complaint did not 11 state facts sufficient to constitute a cause of action.”
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Civil action, tried before Tourgee, J., at Spring Term 1870 of Chatham Court. The plaintiff alleged that the former County Court of Chatham had incurred the two debts for which he now demanded judgment, in building, and repairing bridges; and that they had been allowed, after being scaled. No demand for such debts was alleged. The defendant demurred because the complaint did not 11 state facts sufficient to constitute a cause of action.” His Honor overruled the demurrer, and the defendants appealed.
1Opinion of the CourtPearson, C. J.
We concur with his Honor. The de murrer ought to be overruled, or rather “ disregarded.” It is iu these words: u The complaint does not contain facts sufficient to constitute a cause oí action.” This, under the old procedure, was a general demurrer, and embraced only-matter of substance, as distinguished from a special demurrer, for matter of form, which, by statute of Ann, must set forth the cause of demurrer specially. Defects in form were to he set out specially, in order to give the opposite party an opportunity to amend.
Under the C. C. P., sec. 96, “The demurrer shall distinctly specify…
2Cited by22 opinions
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- Shaffer v. Morris BankSupreme Court of North Carolina · 1931
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