Ridley v. JIM WALTER CORPORATION

The remnant of the complaint remaining after the order of Brock, S.J., obviously states no cause of action against' either defendant. Consequently, there was no error in the order of Latham, S.J., considered without reference to the allegations stricken by the former order of Brock, S.J. The motion to dismiss the complaint on the ground that it states no cause of action, which was allowed by the order of Latham, S.J., is equivalent to a demurrer. See McIntosh, North Carolina Practice and Procedure, 2d Ed., §§ 1194, 1195.

The question then arises as to whether there was error in the order of…