Munro v. Carolina Rubber Co.
Cases that cite this one
1 later published case cites this decision.
- MILNER HOTELS, INCORPORATED v. City of Raleigh (N.C. 1967)
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.