Caho v. Norfolk & Southern Railway Co.
Supreme Court of North Carolina
Civil actiost, heard upon demurrer to complaint, by Lyon, J., at Eall Term, 1907, of the Superior Court of PaMlico County.
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Civil actiost, heard upon demurrer to complaint, by Lyon, J., at Eall Term, 1907, of the Superior Court of PaMlico County. Plaintiff alleged the incorporation of the several defendants; that plaintiff, at request of the defendant Pamlico, Oriental and Western Railroad Company, procured a charter for said company and organized said company, and rendered services and expended money in said organization for said company, for which the said Pamlico, Oriental and Western Railroad Company promised to pay plaintiff the sum of $551.25; that said Pamlico, Oriental and Western Railroad Company has paid…
1Opinion of the Court
CoNNOR, J.,
after stating the case: The defendants having joined in the demurrer, if the complaint states a cause of action against either of them, it must be overruled. Clonant v. Barnard, 103 N. C., 315; Blackimore v. Winders, 144 N. C., 212. If, therefore, a cause of action is stated against the Pamlico, Oriental and Western Railroad Company, we may not inquire whether any is stated against its codefend-ants who joined in the demurrer, but must adjudge that they answer over. It is proper to say that no ground of demurrer is stated Avhich does not apply to all of the defendants. Is any cause…
2Cases cited2 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Conant v. . BarnardSupreme Court of North Carolina · 1889
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