Corbett v. Hilton Lumber Co.

"WiNBORNE, J.

Appellants on this appeal bring into question the correctness of the ruling of the trial court in overruling their demurrer, and in continuing the restraining order, as modified, until the final hearing.

When the sufficiency of a pleading is tested upon challenge by demurrer, the truth of the allegations of fact contained therein, and ordinarily relevant inferences of fact, necessarily deducihle therefrom, are admitted. Ballinger v. Thomas, 195 N. C., 517, 142 S. E., 761; Spake v. Pearlman, 222 N. C., 62, 21 S. E. (2d), 881; Dickensheets v. Taylor, ante, 570.

Both the statute, C.…