Legal Opinion
Stocks v. Thompson
Court of Appeals of North Carolina
Decided May 15, 1968No. 68SC24PublishedCited by 7 opinions
1Opinion of the CourtParker, J.
After we allowed Certiorari, defendants filed in the Court of Appeals demurrer ore tenus on the grounds that the complaint does not state facts sufficient to constitute a cause of action. Since such an objection cannot be waived and may be taken advantage of at any time, even in the Appellate Court (G.S. 1-134; Howze v. McCall, 249 N.C. 250, 106 S.E. 2d 236), we shall first consider the sufficiency of the complaint to state a cause of action.
In this action plaintiffs seek the extraordinary remedy of mandamus. “The rule is generally stated that mandamus is the proper remedy where the act…
2Cases cited4 opinions
- Austin v. JacksonCourt of Appeals for the Fourth Circuit · 1965
- Marion Manufacturing Co. v. Board of CommissionersSupreme Court of North Carolina · 1925
- United States v. Citrus Valley Farms, Inc.Court of Appeals for the Ninth Circuit · 1965
- Howze v. McCallSupreme Court of North Carolina · 1958
3Cited by7 opinions
- King v. BaldwinSupreme Court of North Carolina · 1970
- Diaz v. QuitorianoCalifornia Court of Appeal · 1969
- Carter v. N. C. State Board of Registration for Professional Engineers & Land SurveyorsCourt of Appeals of North Carolina · 1987
- State Ex Rel. Utilities Commission v. Southern Bell Telephone & Telegraph Co.Court of Appeals of North Carolina · 1989
- Brooks v. Southern National Corp.Court of Appeals of North Carolina · 1998
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