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SCHMIDT v. BRYANT

No. 597.

112 S.E.2d 262 (1960)

251 N.C. 838

Mary Nell SCHMIDT v. W. W. BRYANT, Dorothy G. Bryant, Marion S. Taylor and Sybil B. Taylor.

Supreme Court of North Carolina.

January 29, 1960.

Attorney(s) appearing for the Case

Sanford, Phillips, McCoy & Weaver, Fayetteville, for plaintiff.

Nance, Barrington & Collier, Fayetteville, for defendants.

DENNY, Justice.

On the record before us we are limited to a determination as to whether or not the court below committed error in sustaining the demurrer ore tenus on the ground that the complaint fails to state a cause of action against the defendants.

Where all the defendants join in a demurrer to the complaint on the ground that it does not state a good cause of action, the demurrer will be overruled if...

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