Munro v. Carolina Rubber Co.
This text of 153 S.E. 412 (Munro v. Carolina Rubber Co.) 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.
Opinion
The defendants demurred to the complaint. The court below overruled the demurrer. The defendant excepted, assigned error and appealed to the Supreme Court. We think the demurrer should have been overruled.
On a demurrer we consider only the sufficiency of the allegations set forth in the complaint. For the purpose of the demurrer the allegations are taken to be true. A demurrer cannot be sustained to a complaint if in any portion or to any extent it presents a cause of action, or if sufficient facts can be fairly gathered therefrom. On this aspect we think the demurrer should have been overruled. The judgment below is
Affirmed.
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Cite This Page — Counsel Stack
153 S.E. 412, 198 N.C. 808, 1930 N.C. LEXIS 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munro-v-carolina-rubber-co-nc-1930.