FORRESTER v. GARRETT

No. 53.

184 S.E.2d 858 (1971)

280 N.C. 117

Warren FORRESTER and Joseph W. Forrester, Petitioners, v. Joe W. GARRETT, Commissioner of Motor Vehicles of North Carolina, Respondent.

Supreme Court of North Carolina.

December 15, 1971.


Attorney(s) appearing for the Case

Bryant, Lipton, Bryant & Battle, by Alfred S. Bryant, Durham, for petitioner appellants.

Atty. Gen. Robert Morgan and Asst. Attys. Gen. William W. Melvin and T. Buie Costen, for respondent appellee.


MOORE, Justice.

Only one question is presented by this appeal: Did the court err in granting respondent's motion to dismiss the petition under Rule 12(b) (6) for failure to state a claim upon which relief could be granted?

Rule 8(a), North Carolina Rules of Civil Procedure, provides that a pleading which sets forth a claim for relief shall contain (1) a short and plain statement of the claim sufficiently particular to give the court and the parties notice...

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