Elam v. . Barnes
Supreme Court of North Carolina
Civil actioN, tried at February Term, 1891, of VaNOE Superior Court, Whitaker, J., presiding. The facts necessary to an understanding of the questions decided are stated in the opinion.
1Opinion of the Court
Clark, J.:
The defendant, after answer filed, moved to dismiss the action, on the ground that “the complaint did not state facts sufficient to constitute a cause of action.” This is a demurrer, which can be taken at any stage of the proceeding, and the objection may even be made for the first time in this Court. None the less it is a demurrer, and should be disregarded, unless it specify the particulars wherein the complaint fails to state a cause of action. This is required by The Code, § 240, which expressly provides that a general demurrer should not be considered. Love v. Commissioners, 64…
2Cases cited5 opinions
- Love v. Commissioners of Chatham CountySupreme Court of North Carolina · 1870
- George v. . HighSupreme Court of North Carolina · 1881
- Hunter v. . YarboroughSupreme Court of North Carolina · 1885
- Jones v. Commissioners of RowanSupreme Court of North Carolina · 1881
- Bank of Statesville v. BogleSupreme Court of North Carolina · 1881
3Cited by12 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Garrison v. . WilliamsSupreme Court of North Carolina · 1909
- Skinner v. Empresa Transformadora De Productos AgropecuariosSupreme Court of North Carolina · 1960
- Ball v. Paquin.Supreme Court of North Carolina · 1905
- Duke v. CampbellSupreme Court of North Carolina · 1951
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