Fowler v. Williamson
Court of Appeals of North Carolina
APPEAL by plaintiffs from Ferrell, Judge. Orders entered 28 December 1977 in Superior Court, CATAWBA County. Heard in the Court of Appeals 29 November 1978. It appears from the complaint that plaintiffs’ son, Joe C. Fowler, Jr., was eligible to graduate and was scheduled to participate in the graduation ceremony of Hickory High School on 2 June 1977. Plaintiffs were present in the school auditorium for the graduation ceremony.
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APPEAL by plaintiffs from Ferrell, Judge. Orders entered 28 December 1977 in Superior Court, CATAWBA County. Heard in the Court of Appeals 29 November 1978. It appears from the complaint that plaintiffs’ son, Joe C. Fowler, Jr., was eligible to graduate and was scheduled to participate in the graduation ceremony of Hickory High School on 2 June 1977. Plaintiffs were present in the school auditorium for the graduation ceremony. The defendant Williamson, school principal, aided and abetted by defendant Mason, assistant, would not permit plaintiffs’ son to participate in the graduation ceremony,…
1Opinion of the Court
CLARK, Judge.
In granting the G.S. 1A-1, Rule 12(b)(6) motions of all defendants the trial court determined that plaintiffs failed to allege an actionable claim for mental and emotional distress resulting from defendant principal’s action in excluding their son from the grad uation ceremony. In considering a Rule 12(b)(6) motion all the allegations of the complaint are taken as true. Sutton v. Duke, 277 N.C. 94, 176 S.E. 2d 161 (1970). The test is whether the pleading is legally sufficient. Alltop v. J. C. Penney Co., 10 N.C. App. 692, 179 S.E. 2d 885, cert. denied 279 N.C. 348, 182 S.E. 2d…
2Cases cited13 opinions
- Sutton v. DukeSupreme Court of North Carolina · 1970
- Kessing v. National Mortgage CorporationSupreme Court of North Carolina · 1971
- Childress v. AbelesSupreme Court of North Carolina · 1954
- Coggins Ex Rel. Coggins v. Board of EducationSupreme Court of North Carolina · 1944
- Alltop v. JC PENNEY COMPANYCourt of Appeals of North Carolina · 1971
8 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
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- RM v. Washakie County School District Number OneWyoming Supreme Court · 2004
- Rogerson v. FitzpatrickCourt of Appeals of North Carolina · 1996
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