CITY OF RALEIGH v. FISHER

No. 453.

61 S.E.2d 897 (1950)

232 N.C. 629

CITY OF RALEIGH v. FISHER et al.

Supreme Court of North Carolina.

November 22, 1950.


Attorney(s) appearing for the Case

Wm. C. Lassiter and James H. Walker, Raleigh, for plaintiff, appellee.

John W. Hinsdale, Raleigh, for defendants, appellants.


ERVIN, Justice.

The appeal is from a judgment on the pleadings. A court of record has inherent power to render judgment on the pleadings where the facts shown and admitted by the pleadings entitle a party to such judgment. 49 C.J., Pleading, section 944.

A motion for judgment on the pleadings is in the nature of a general demurrer. Pridgen v. Pridgen, 190 N.C. 102, 129 S.E. 419. Its function is to raise this issue of law: Whether the matters set up in the...

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