Alford v. Washington

PlaiNtief’s Appeal.

WihboRNe, J.

Did the court err in signing judgment sustaining the demurrer of the defendant city of Kinston ? This is the question on plaintiff’s appeal.

Admitting the truth of the allegations of fact set forth in the complaint, as well as relevant inferences of fact necessarily deducible therefrom, but not of conclusions of law, as is done in testing the sufficiency of a complaint to state a cause of action, when challenged by demurrer, Ballinger v. Thomas, 195 N.C. 517, 142 S.E. 761; Muse v. Morrison, 234 N.C. 195, 66 S.E. 2d 783, and numerous other cases, we are of opinion…