Temple v. . Watson

41 S.E.2d 738, 227 N.C. 242, 1947 N.C. LEXIS 383

• Court: Supreme Court of North Carolina
• Decided: March 19, 1947
• Status: Published

Opinion

Devin, J.

On the hearing before the judge below, in answer to the notice to show cause why the temporary restraining order should not be continued, the defendants by demurrer challenged the sufficiency of the complaint to entitle plaintiffs to relief in any of the respects alleged. The court sustained the demurrer on the ground that the complaint did not state facts sufficient to constitute a cause of action for the reasons and in the particulars pointed out by the demurrer. The plaintiffs did hot except. The allegations of the complaint upon which the restraining order was issued having been by this ruling held insufficient, the defendants were entitled to have the restraining order dissolved.

. The court having struck down as ineffectual plaintiffs’ attempted statement of causes of action alleging discharge of the deed of trust, recovery of rents, and the value of the Raleigh lot, nothing was left to which the demurrer for misjoinder of parties and causes of action could be directed, and the ruling of the judge below thereon does not now present a question requiring decision. Defendants were entitled to have the restraining order dissolved, and the order denying plaintiffs’ motion therefor must be held for

Error.