N. C. Monroe Construction Co. v. Guilford County Board of Education

LAKE, Justice.

This action was instituted and the pleadings were filed prior to the taking effect of the present Rules of Civil Procedure. Consequently, a demurrer, now abolished by Rule 7, was then the proper vehicle by which to assert the absence of a necessary party and the failure of the complaint to state a claim upon which relief can be granted, these being now asserted in the answer or by motion. See Rule 12 (b).

Rule 57 of the Rules of Civil Procedure, relating to declaratory judgment, provides:

“The procedure for obtaining a declaratory judgment pursuant to article 26, chapter 1,…