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PARRISH v. BRANTLEY

No. 241.

124 S.E.2d 533 (1962)

256 N.C. 541

Kirby S. PARRISH, E. H. (Harvey) Parrish, Fred O. Parrish, J. W. Parrish, Jake S. Parrish, Benjamin F. Parrish, Rachel P. Crowder, Penninah P. Duke and Mamie W. Griffin v. Charles BRANTLEY, Lizzie W. Brantley, Lillian J. Wood and Lillian J. Wood, Adm'x of Estate of B. F. Wood, Deceased, and Maryland Casualty Company, a Corporation.

Supreme Court of North Carolina.

March 21, 1962.

Attorney(s) appearing for the Case

L. L. Davenport, Nashville, for plaintiffs, appellants.

Fields & Cooper, by Milton P. Fields, Rocky Mount, for defendants Charles Brantley and Lizzie W. Brantley, appellees.

O. B. Moss, Spring Hope, and Gardner, Connor & Lee, Wilson, for defendant Wood, appellee.

Battle, Winslow, Merrell, Scott & Wiley, by Francis E. Winslow, Rocky Mount, for defendant Maryland Cas. Co., appellee.

HIGGINS, Justice.

The demurrers challenge the complaint upon two grounds: (1) Failure to allege facts sufficient to constitute a cause of action; and (2) misjoinder of parties and causes. The Court passes on a demurrer as a matter of law. If the facts alleged in a complaint constitute a defective statement of a good cause of action, judgment is entered sustaining the demurrer but permitting the plaintiff to amend. G.S. § 1-131. East Carolina Lumber Co. v. Pamlico...

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