Gaines v. Long Manufacturing Co.

This appeal challenges the action of the court below in (1) overruling the demurrer to the complaint, and (2) continuing the temporary order of injunction until the final hearing. The record seems to sustain both rulings.

1. The demurrer. — “The office of a demurrer is to determine the sufficiency of a pleading, admitting, for the purpose, the truth of the allegations of fact contained therein.” Brick Co. v. Gentry, 191 N.C. 636, 132 S.E. 800. By demurring to the sufficiency of the complaint to state facts sufficient to constitute a cause of action, the defendants admit as true evtery material…