N.C. NAT. BANK v. McCARLEY & CO., INC.

No. 773SC132.

239 S.E.2d 583 (1977)

34 N.C. App. 689

NORTH CAROLINA NATIONAL BANK, Executor of the Estate of Jane Gaither Murray, Deceased v. McCARLEY & COMPANY, INC.

Court of Appeals of North Carolina.

December 21, 1977.


Attorney(s) appearing for the Case

R. D. Darden, Jr., and Kenneth M. Kirkman, Morehead City, for plaintiff appellant.

Speight, Watson & Brewer, by W. W. Speight and W. H. Watson, Greenville, for defendant appellee.


HEDRICK, Judge.

A 12(b)(6) motion tests the sufficiency of the complaint to state a claim upon which relief can be granted. A complaint may be dismissed pursuant to Rule 12(b)(6) "`if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or of facts sufficient to make a good claim, or in the disclosure of some fact which will necessarily defeat the claim.' But a complaint should not be dismissed for...

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