Efird v. City of Winston-Salem

“A demurrer goes to tbe heart of a pleading and challenges tbe right of tbe pleader to maintain bis position in any view of tbe matter, admitting for tbe purpose tbe truth of tbe allegations of fact contained therein.” Meyer v. Fenner, 196 N. C., at p. 477; Winston-Salem v. Ashby, 194 N. C., at p. 390.

The material question presented on this appeal is set forth in defendant’s assignment of error: “That the confirmation of the assessment roll by the board of aldermen of the city of 'Winston-Salem precludes and bars the present contentions of the plaintiff as set out in the complaint, and that…