McKINNEY v. CITY OF HIGH POINT

No. 667.

74 S.E.2d 440 (1953)

237 N.C. 66

McKINNEY et ux. v. CITY OF HIGH POINT.

Supreme Court of North Carolina.

January 30, 1953.


Attorney(s) appearing for the Case

Grover H. Jones, High Point, and Brooks, McLendon, Brim & Holderness, Greensboro, for defendant-appellant.

James B. Lovelace, High Point and Frazier & Frazier, Greensboro, for plaintiff-appellees.


PARKER, Justice.

On the demurrer we take the case as made by the amended complaint. The office of a demurrer is to test the sufficiency of a pleading, admitting, for the purpose, the truth of factual averments well stated and such relevant inferences as may be deduced therefrom, but it does not admit any legal inferences or conclusions of law asserted by the pleader. We are required on a demurrer to construe the complaint liberally with a view to substantial justice...

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