McDANIEL v. QUAKENBUSH

No. 161.

105 S.E.2d 94 (1958)

249 N.C. 31

F. A. McDANIEL, Jr., v. Reverend Aubrey T. QUAKENBUSH and Fred Weaver et al., Trustees, and Yates Harbison et al., Deacon Board of the First Baptist Church of Kings Mountain, North Carolina.

Supreme Court of North Carolina.

October 8, 1958.


Attorney(s) appearing for the Case

Mullen, Holland & Cooke, Gastonia, for defendants-appellants.

Davis & White, Kings Mountain, Kennedy, Mahoney & Mull, Horn & West, Shelby, for plaintiffs-appellees.


DENNY, Justice.

The appellants assign as error the overruling of their demurrer and the continuance of the restraining order until the final hearing.

A demurrer to a complaint on the ground that it does not state facts sufficient to constitute a cause of action should be overruled if the complaint, when liberally construed in favor of the pleader, alleges facts sufficient to constitute a cause of action. Or, to put it another way, if any portion of a complaint...

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