Bessire and Co. v. . Ward

“The plaintiff’s motion for judgment upon the answer is, in effect, a demurrer to the answer, and can only prevail when the matters pleaded constitute an admission of plaintiff’s cause of action or are insufficient as a defense or constitute new matter insufficient in law to defeat plaintiff’s claim.” Pridgen v. Pridgen, 190 N. C., 102.

The answer of the appealing defendant must be construed liberally, which means that every reasonable intendment must be taken in favor of her and if the answer contains facts sufficient to constitute a defense, it must be sustained. Pridgen v. Pridgen, supra,…