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WALKER v. NICHOLSON

No. 176.

127 S.E.2d 564 (1962)

257 N.C. 744

Reverend James R. WALKER, Jr., Assistant Pastor and Member of the First Baptist Church of Roanoke Rapids, and as the Duly Appointed and Acting Moderator and Presiding Officer of Official Church Business Conferences, Plaintiff, v. Reverend McKinley NICHOLSON, Defendant.

Supreme Court of North Carolina.

October 10, 1962.

Attorney(s) appearing for the Case

Robert L. Harrell, Sr., Ahoskie, Samuel S. Mitchell, Raleigh, and James R. Walker, Jr., Weldon, for plaintiff appellant.

Crew & House, Roanoke Rapids, for defendant appellee.

RODMAN, Justice.

Determination of the appeal depends on the answers to these questions: Do the allegations establish a defective cause of action? If so, the court was correct in dismissing the action. Parrish v. Brantley, 256 N.C. 541, 124 S.E.2d 533. Is the complaint defective because of the failure to allege some essential fact? If so, the action should not be dismissed but an opportunity should...

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