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RHYNE v. CLARK

No. 169.

121 S.E.2d 606 (1961)

255 N.C. 418

Alice Henkle RHYNE v. C. Dale CLARK, Charles C. Clegg, Leo Fuller, Frank L. Rankin, J. B. Thompson, V. A. Howard, Trustees of Church Property of the First Methodist Church of Mount Holly, North Carolina.

Supreme Court of North Carolina.

September 27, 1961.

Attorney(s) appearing for the Case

McDougle, Ervin, Horack & Snepp, Charlotte, for plaintiff, appellant.

Childers & Fowler and Ernest R. Warren, Gastonia, for defendants, appellees.

PER CURIAM.

"A demurrer lies only when the defect asserted as the ground of demurrer is apparent upon the face of the pleading attacked." Jones Construction Co. v. Local Union 755 of the International Brotherhood of Electrical Workers, 246 N.C. 481, 488, 98 S.E.2d 852, 858; G.S. §§ 1-127, 1-133. Facts alleged in defendants' answer may not be considered in passing on the legal sufficiency...

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