Cox v. . Jenkins

Supreme Court of North Carolina

Cox v. . Jenkins

194 S.E. 119, 212 N.C. 667, 1937 N.C. LEXIS 401

DecidedDecember 15, 1937

StatusPublished

This text of 194 S.E. 119 (Cox v. . Jenkins) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cox v. . Jenkins, 194 S.E. 119, 212 N.C. 667, 1937 N.C. LEXIS 401 (N.C. 1937).

Pincite

Opinion

Pee Cueiam.

¥e think the court below properly overruled the demurrer of defendant. We will not analyze the complaint in detail, as the defendant must answer and a trial will be had. We think the allega *668 tions sufficient, at least, to base a cause of action on for abuse of process. Ledford v. Smith, ante, 447.

While the complaint was lengthy, yet under our liberal practice (C. S., 535), if it sets forth one good cause of action it cannot be overthrown by demurrer. The general rule is that, if there is any cause of action stated in the complaint, however inartificially expressed, the demurrer will be overruled. If the defendant desired a more certain and definite statement of the alleged cause of action, the proper remedy was a motion to “require the pleading to be made definite and certain by amendment.” N. C. Code, 1935 (Michie), sec. 537.

For the reasons given, the judgment of the court below is

Affirmed.

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Pee Cueiam.

¥e think the court below properly overruled the demurrer of defendant. We will not analyze the complaint in detail, as the defendant must answer and a trial will be had. We think the allega *668 tions sufficient, at least, to base a cause of action on for abuse of process. Ledford v. Smith, ante, 447.

While the complaint was lengthy, yet under our liberal practice (C. S., 535), if it sets forth one good cause of action it cannot be overthrown by demurrer. The general rule is that, if there is any cause of action stated in the complaint, however inartificially expressed, the demurrer will be overruled. If the defendant desired a more certain and definite statement of the alleged cause of action, the proper remedy was a motion to “require the pleading to be made definite and certain by amendment.” N. C. Code, 1935 (Michie), sec. 537.

For the reasons given, the judgment of the court below is

Affirmed.

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Bluebook (online)

194 S.E. 119, 212 N.C. 667, 1937 N.C. LEXIS 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-jenkins-nc-1937.