McPherson v. City Council of City of Burlington

The appellants’ first assignment of error is to the failure of the court below to sustain their demuri’er ore terns on the ground that the complaint does not state a cause of action.

The demurrer interposed in the court below was properly overruled. It fails to point out any defect in the complaint which would entitle the defendants to a dismissal of the action. Ledwell v. Proctor, 221 N.C. 161, 19 S.E. 2d 234; McIntosh, North Carolina Practice and Procedure, 2nd Ed., Volume 1, Demurrer, section 1195, page 654. Cf. Garner v. Newport, 246 N.C. 449, 98 S.E. 2d 505.

The -third assignment of error…