Sorrell v. Moore
Supreme Court of North Carolina
1Opinion of the CourtRodman, J.
The motion to strike is based on the assertion that the portions objected to are mere conclusions and not statements of facts; that the first quoted1 portion is insufficient to constitute a de- . fense or a cause of action, and that the last two are mere conclusions “totally incapable of proof under the facts as alleged! in the complaint.”
Th.e function of a pleading is to inform an adversary what facts are claimed to constitute the cause of action, G.S. 1-122, or defense, G.S. 1-135. If the complaint or answer gives notice of- the facts asserted for the cause of action or defense, it has…
2Cases cited12 opinions
- O'Brien v. WoldsonWashington Supreme Court · 1928
- Bogen v. . BogenSupreme Court of North Carolina · 1942
- Harper v. . Harper and Wickham v. . HarperSupreme Court of North Carolina · 1945
- Bogen v. BogenSupreme Court of North Carolina · 1942
- Harper v. HarperSupreme Court of North Carolina · 1945
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3Cited by3 opinions
- Etheridge v. NORFOLK SOUTHERN RAILWAY COMPANYCourt of Appeals of North Carolina · 1970
- Bigelow v. JohnsonSupreme Court of North Carolina · 1981
- Strickland Ex Rel. Steed v. HughesCourt of Appeals of North Carolina · 1968