Gillikin v. Springle

When it affirmatively appears from the complaint that plaintiff has no right of action, this Court is not required to await a formal demurrer. It may, ex mero motu, dismiss the action. Skinner v. Transformadora, 252 N.C. 320, 113 S.E. 2d 717. If there is a mere defect in the attempted statement of the cause of action, plaintiff should be permitted to amend.

The rule which is applied here may be used by the Superior Court, particularly when, as here, there is a motion for judgment on the pleading. Speas v. Ford, 253 N.C. 770.

Giving the pleadings the liberal construction commanded by the…