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ROBERSON v. SWAIN

No. 451.

69 S.E.2d 15 (1952)

235 N.C. 50

ROBERSON v. SWAIN et al.

Supreme Court of North Carolina.

February 1, 1952.

Attorney(s) appearing for the Case

Wheeler Martin, Williamston, Clem B. Holding, and Douglass & McMillan, all of Raleigh, for plaintiff-appellant.

Brassfield & Maupin, and R. Roy Carter, all of Raleigh, for defendants-appellees.

VALENTINE, Justice.

A demurrer admits the truth of all allegations of fact and such inferences of fact as can reasonably be drawn from a pleading. As against a demurrer, a complaint must be liberally construed and every reasonable inference and intendment deducible therefrom must be resolved in favor of the pleader before a demurrer prevails. A pleading cannot be overthown by a demurrer unless it is wholly insufficient. If, upon a liberal construction of the entire...

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