Goss v. . Waller
Supreme Court of North Carolina
Special PROCEEDING- against the defendant executor of Nancy Waller, for an account and the payment of legacies bequeathed to the plaintiffs, commenced before the clerk and heard on appeal at Fall Term, 1883, of Granville Superior Court, before MacRae, J. The defendant demurred to the petition as follows: “That the petition or complaint states no cause of action whatever against him.
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Special PROCEEDING- against the defendant executor of Nancy Waller, for an account and the payment of legacies bequeathed to the plaintiffs, commenced before the clerk and heard on appeal at Fall Term, 1883, of Granville Superior Court, before MacRae, J. The defendant demurred to the petition as follows: “That the petition or complaint states no cause of action whatever against him. Wherefore he demands judgment that he go without day and recover of the petitioners his costs of action.” On the first day of March, 1873, .the clerk gave judgment overruling the demurrer, from which judgment the…
1Opinion of the CourtAshe, J.
There is no error in the ruling of His Plonor-The statute provides that the demurrer shall distinctly specify the grounds of objection to the complaint, and unless it does so,, it may be disregarded. The Code, §240 — same as C. C. P.,. §96. This section has received judicial construction.
In Love v. Commissioners, 64 N. C., 706, where the court held “ that a demurrer under the C. C. P. differs from the former-demurrer at law in this: Every demurrer, whether for substance or form, must distinctly specify the ground of objection, to the complaint, or be disregarded. It differs from the former…
2Cases cited2 opinions
- Love v. Commissioners of Chatham CountySupreme Court of North Carolina · 1870
- Bank of Statesville v. BogleSupreme Court of North Carolina · 1881
3Cited by1 opinion
- Duke v. CampbellSupreme Court of North Carolina · 1951