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KING v. SMITH

No. 19.

72 S.E.2d 425 (1952)

236 N.C. 170

KING et al. v. SMITH.

Supreme Court of North Carolina.

September 17, 1952.

Attorney(s) appearing for the Case

Folger & Folger, Mount Airy, for defendant appellant.

John H. Blalock, Pilot Mountain, and Woltz & Barber, Mount Airy, for plaintiff appellees.

BARNHILL, Justice.

The defendant does not challenge the sufficiency of the complaint for that it does not state facts sufficient to constitute a cause of action for the wrongful desecration of the graves of the Kings. That is, he does not assert that the complaint fails to allege a tort for which resulting damages may be recovered by the real party in interest. State v. Wilson, 94 N.C. 1015; 10 A.J. 514, 15 A.J. 841; Anno. 21 A.L.R. 651; 42 L.R.A. 721n. His demurrer...

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