Brewer v. . Wynne
Supreme Court of North Carolina
Appeal by defendant from Cooke, J., at October Term, 1910, of Waice. This is an appeal from a judgment overruling a demurrer to tbe complaint.
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Appeal by defendant from Cooke, J., at October Term, 1910, of Waice. This is an appeal from a judgment overruling a demurrer to tbe complaint. Tbe complaint is as follows: “Tbe plaintiff, complaining of tbe defendants, alleges: “That on 16 February, 1910, while tbe plaintiff was engaged in the conduct of bis business, in tbe city of Raleigh, said county and State, tbe defendants, J. S. Wynne and J. P. Stell, without any lawful complaint or warrant, unlawfully and wrongfully, with force and arms, assaulted tbe plaintiff and procured and caused tbe arrest of and assisted in tbe arrest of tbe…
1Opinion of the CourtAllen, J.
It has been beld in numerous cases in this' State that a demurrer admits all of the allegations of the complaint (Bond v. Wool, 107 N. C., 139; Loughran v. Giles, 110 N. C., 426; Merrimon v. Paving Co., 142 N. C., 539; Wood v. Kincaid, 144 N. C., 393), and the duty is imposed upon the courts-by statute to construe the allegations liberally.
The law and the reasons for it are clearly and accurately stated by Chief Justice Clark in Stokes v. Taylor, 104 N. C., 395: “Under the common-law rules of pleading, the requirement of accuracy and precision was often pushed to the extreme. There have been…
2Cases cited7 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Bond v. . WoolSupreme Court of North Carolina · 1890
- Merrimon v. Paving Company.Supreme Court of North Carolina · 1906
- Wood v. . KincaidSupreme Court of North Carolina · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Hoke v. . GlennSupreme Court of North Carolina · 1914
- Insurance Co. v. . McCrawSupreme Court of North Carolina · 1939
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . ScottSupreme Court of North Carolina · 1921
- Leach v. . PageSupreme Court of North Carolina · 1937
47 more not listed; retrieve them via the Exa API.