Pressly v. Walker

It is a familiar rule that pleadings are to be given liberal construction in favor of the pleader, and that a complaint may not be overthrown by a demurrer unless it be fatally defective. Hollifield v. Everhart, 237 N.C. 313, 74 S.E. 2d 706; Bumgardner v. Fence Co., 236 N.C. 698, 74 S.E. 2d 32; Blackmore v. Winders, 144 N.C. 212, 56 S.E. 874.

A demurrer admits the truth of all relevant facts well pleaded but does not admit conclusions of law asserted by the pleader. McKinney v. High Point, 237 N.C. 66, 74 S.E. 2d 440; Mills Co. v. Shaw, 233 N.C. 71, 62 S.E. 2d 487.

It is alleged that Dr.…