Wilson v. Crab Orchard Development Company

A court of record has inherent power to render judgment on the pleadings where the facts shown and admitted by the pleadings entitle a party to such judgment. Erickson v. Starling, 235 N.C. 643, 71 S.E. 2d 384; Raleigh v. Fisher, 232 N.C. 629, 61 S.E. 2d 897; 71 C.J.S., Pleading, § 424. A motion for such judgment is in the nature of a demurrer and presents the issue of law, Are the matters set up in the pleading of the opposing party sufficient in law to constitute a cause of action or a defense? Jones v. Warren, 274 N.C. 166, 161 S.E. 2d 467; Van Every v. Van Every, 265 N.C. 506, 144 S.E. 2d…