Pridgen v. . Pridgen

The plaintiff’s motion for judgment upon the answer is, in effect, a demurrer to the answer, and can only prevail when the matters pleaded constitute an admission of plaintiff’s cause of action or are insufficient as a defense or constitute new matter insufficient in law to defeat plaintiff’s claim. Alston v. Hill, 165 N. C., 255, 258; Churchwell v. Trust Co., 181 N. C., 21. Under C. S., 535, we construe the defendants’ answer liberally, with a view to substantiate justice between the parties. This means that every reasonable intendment must be taken in favor of the pleader, and if the answer…