Shives v. Sample

The complaint, when tested by established principles of Code pleading, fails to allege a cause of action.

G.S. 1-122, which is an integral part of our Code of Civil Procedure, provides that “The complaint must contain — 2. A plain and concise statement of the facts constituting a cause of action, . . .” (Italics added.)

The cardinal requirement of this statute, as emphasized by numerous authoritative decisions of this Court, is that the facts constituting a cause of action, rather than the conclusions of the pleader, must be set out in the complaint, so as to disclose the issuable facts…