Godwin v. . Gardner
Cases that cite this one
3 later published cases cite this decision.
- Bolick v. City of Charlotte (N.C. 1926)
- Pilot Real Estate Co. v. Fowler (N.C. 1926)
- Cherry v. Atlantic Coast Line Railroad (N.C. 1923)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.