Godwin v. . Gardner

108 S.E. 392, 182 N.C. 97, 1921 N.C. LEXIS 185

• Court: Supreme Court of North Carolina
• Decided: October 5, 1921
• Status: Published

Opinion

Stacv, J.

While it is stated in tbe record tbat a judgment of nonsuit was entered on tbe pleadings, we will assume tbat tbe action was dismissed on a demurrer ore terms. But, in either view, tbe judgment was erroneous.

Matters set up in defense, or as a bar to tbe plaintiff’s suit, and requiring proof, may not be considered upon a demurrer. Wood v. Kincaid, 144 N. C., 393.

A good cause of action is stated in tbe complaint; hence, tbe judgment of tbe Superior Court must be set aside and tbe parties will proceed as they may be advised. Tbe other questions discussed in plaintiff’s brief are not before us for decision.

Reversed.