Mercer v. Hilliard

The sole ground of .plaintiff's motion is that the facts alleged by defendants do not constitute a legal defense to plaintiff’s action. In substance, if not in form, plaintiff’® motion is a demurrer to defendants’ “First Further Answer and Defense,” in its entirety, and will be so considered. Hayes v. Wilmington, 243 N.C. 525, 91 S.E. 2d 673; Etheridge v. Light Co., 249 N.C. 367, 106 S.E. 2d 560.

G.S. 1-141, m pertinent part, provided: “The plaintiff may in all oases demur to an answer containing new matter, where upon its face, it does not constitute a . . . defense; and he may demur to one…