Legal Opinion

Deaton v. Deaton

Supreme Court of North Carolina

Decided November 21, 1951No. 379PublishedCited by 7 opinions

1Opinion of the CourtValeNtiNE, J.

The questions upon this appeal revolve around defendant’s demurrer ore terms to the complaint, his motion to dismiss as of nonsuit at the close of all the evidence, and his motion to set aside the verdict.

The demurrer was general in terms. It is not directed to any one or more of the several causes for divorce alleged in the complaint but to the complaint as a whole. Mills Co. v. Shaw, Comr. of Revenue, 233 N.C. 71.

It is a well established rule in this jurisdiction that a complaint is sufficient to withstand a demurrer if it in any part or to any extent presents á cause of action, or if…

2Cases cited22 opinions

  1. Cox v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
  2. Graham v. North Carolina Butane Gas Co.Supreme Court of North Carolina · 1950
  3. Rader v. Queen City Coach Co.Supreme Court of North Carolina · 1945
  4. Hoke v. . GlennSupreme Court of North Carolina · 1914
  5. Brewer v. . WynneSupreme Court of North Carolina · 1911

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

3Cited by7 opinions

  1. Pruett v. PruettSupreme Court of North Carolina · 1957
  2. Bradham v. RobinsonSupreme Court of North Carolina · 1952
  3. Roberson v. SwainSupreme Court of North Carolina · 1952
  4. James v. Atlantic & East Carolina RailroadSupreme Court of North Carolina · 1952
  5. Ayers v. AyersSupreme Court of North Carolina · 1967

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

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