Clinard v. Lambeth

'WiNBORNE, J.

I. At the threshold of this appeal the demurrer ore tenus comes up for consideration and decision.

“The office of demurrer is to test the sufficiency of a pleading, admitting, for the purpose, the truth of the allegations of fact contained therein; and ordinarily relevant inferences of fact, necessarily deducible therefrom, are also admitted, but the principle does not extend to the admissions of conclusions or inferences of law,” Stacy, C. J., in Ballinger v. Thomas, 195 N.C. 517, 142 S.E. 761. See also McCampbell v. B. & L. Assn., 231 N.C. 647, 58 S.E. 2d 617, and cases there…