Cole v. Wagner

Tbe defendants’ motion was in the nature of a demurrer ore tenus on the ground that “Tbe complaint does not state facts sufficient to constitute a cause of action.” C. S., 511 (6). Tbe complaint must be liberally construed “with a view to substantial justice between the parties.” C. S., 535. Lee v. Produce Co., post, 714.

“An objection that a complaint does not state a. cause of action may be taken advantage of at any time. In such case the defendant may demur ore terms or the Supreme Court of its own motion may take notice of the insufficiency. Johnson v. Finch, 93 N. C., 205; Garrison v.…