Lewis v. Salem Academy and College

PARKER, Judge.

Rule 12 (b) (6) of the North Carolina Rules of Civil Procedure is identical to Rule 12(b) (6) of the Federal Rules. It is appropriate, therefore, to turn to decisions under the Federal Rule 12(b) (6) for guidance in applying our own. In this regard, the author of Moore’s Federal Practice summarizes federal decisions as follows:

“The motion to dismiss under Rule 12(b) (6) performs substantially the same function as the old common law general demurrer. A motion to dismiss is the usual and proper method of testing the legal sufficiency of the complaint. For the purposes of the…