Legal Opinion

Dobias v. White

Supreme Court of North Carolina

Decided January 29, 1954No. 163PublishedCited by 38 opinions

1Opinion of the CourtEbviN, J.

“A motion for judgment on the pleadings is allowable only where the pleading of the opposite party is so fatally deficient in substance as to present no material issue of fact ... A complaint is fatally deficient in substance, and subject to a motion by the defendant for judgment on the pleadings if it fails to state a good cause of action for plaintiff and against defendant . . . An answer is fatally deficient in substance and subject to a motion by the plaintiff for judgment on the pleadings if it admits every material averment in the complaint and fails to set up any defense or new matter…

2Cases cited35 opinions

  1. Erickson v. StarlingSupreme Court of North Carolina · 1952
  2. Very v. LevySupreme Court of the United States · 1852
  3. Snyder v. Kenan Oil Co.Supreme Court of North Carolina · 1952
  4. Garrett v. RoseSupreme Court of North Carolina · 1952
  5. Walker v. . BurtSupreme Court of North Carolina · 1921

30 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Roseleaf Corp. v. ChierighinoCalifornia Supreme Court · 1963
  2. Clark v. ElzaCourt of Appeals of Maryland · 1979
  3. Childers v. Parker's, Inc.Supreme Court of North Carolina · 1968
  4. Dobias v. WhiteSupreme Court of North Carolina · 1954
  5. Bizzell v. BizzellSupreme Court of North Carolina · 1958

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