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CITY OF RALEIGH v. MERCER

No. 534.

155 S.E.2d 551 (1967)

271 N.C. 114

CITY OF RALEIGH, Petitioner, v. Scott G. MERCER, Respondent.

Supreme Court of North Carolina.

July 24, 1967.

Attorney(s) appearing for the Case

Emanuel & Emanuel, by Robert L. Emanuel, Raleigh, for respondent appellant.

Paul F. Smith and Donald L. Smith, Raleigh, for petitioner appellee.

PARKER, Chief Justice.

The city of Raleigh's motion to dismiss the proceeding because the complaint does not state facts sufficient to constitute a cause of action is in effect a demurrer, Johnson v. Graye, 251 N.C. 448, 111 S.E.2d 595, and a demurrer presents squarely for decision the sufficiency of the pleadings, because the motion in this case for the purpose admits the truth of factual averments...

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