Grant v. Emmco Insurance

LAKE, Justice.

A motion to dismiss for failure of the complaint to state a claim upon which relief can be granted is the equivalent of a demurrer under the old practice for failure of the complaint to state a cause of action. Sutton v. Duke, 277 N.C. 94, 176 S.E. 2d 161 (1970). Consequently, in passing upon such a motion, the allegations of the complaint are deemed to be true and the motion should not be allowed unless the complaint affirmatively shows that the plaintiff has no cause of action. Smith v. Ford Motor Co., 289 N.C. 71, 83, 221 S.E. 2d 282 (1976); Consumers Power v. Power Co., 285…