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SHIVES v. SAMPLE

No. 378.

79 S.E.2d 193 (1953)

238 N.C. 724

SHIVES v. SAMPLE et al.

Supreme Court of North Carolina.

December 2, 1953.

Attorney(s) appearing for the Case

J. G. Lewis, Statesville, for plaintiff, appellee.

Adams, Dearman & Winberry, Statesville, for defendants, appellants.

JOHNSON, Justice.

The complaint, when tested by established principles of Code pleading, fails to allege a cause of action.

G.S. § 1-122, which is an integral part of our Code of Civil Procedure, provides that "The complaint must contain * * * 2. A plain and concise statement of the facts constituting a cause of action, * * *." (Italics added.)

The cardinal requirement of this statute, as emphasized by numerous authoritative decisions of...

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