Moore v. . Hobbs
Supreme Court of North Carolina
Civil ActioN tried at Spring Term, 1877,.of ChowaN Superior Court, before Cannon, J. The. defendants demurred to the complaint. His Honor -overruled the demurrer and gave judgment for plaintiff and tfche defendants appealed.
1Opinion of the Court
Read®, J.
The causes assigned for demurrer do not ap--pear in the complaint, and therefore can be taken advantage of only by answer.
The case will be remanded to the end that the defendants-may answer, and on failure to do which there should be-judgment for plaintiff.
We call attention to the fact that C. C. P. § 91, requires-that the “complaint” should contain “a plain and concise-statement of the facts constituting the cause of’ action.” It' may be that the complaint in this case is at fault in that'particular. If so, it may be amended by leave.
There was no error in overruling the. demurrer…
2Cited by7 opinions
- Hornthal v. . BurwellSupreme Court of North Carolina · 1891
- Moore v. . HobbsSupreme Court of North Carolina · 1878
- Kiff v. . WeaverSupreme Court of North Carolina · 1886
- Womble v. . LeachSupreme Court of North Carolina · 1880
- Dills v. . HamptonSupreme Court of North Carolina · 1885
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