JACOBS v. STATE HIGHWAY COMMISSION

No. 17.

118 S.E.2d 416 (1961)

254 N.C. 200

Claude JACOBS, Petitioner, v. STATE HIGHWAY COMMISSION, Respondent.

Supreme Court of North Carolina.

March 1, 1961.


Attorney(s) appearing for the Case

M. Buchanan, Sylva, T. D. Bryson, Jr., Bryson City, for petitioner appellant.

T. W. Bruton, Atty. Gen., Harrison Lewis, Asst. Atty. Gen., Andrew McDaniel, Trial Atty., Raleigh, Hall & Thornburg, Sylva, for the State Highway Commission.


WINBORNE, Chief Justice.

The sole question presented for decision is whether or not the lower court erred in sustaining the respondent's demurrer ore tenus. The question thus presented involves a question of pleading which has been the subject of many decisions of this Court.

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 of fact as...

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