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eBook details

• Title: Putnam v. Triangle Publications Inc.
• Author : Supreme Court of North Carolina
• Release Date : January 01, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Do the averments in the complaint disclose a cause of action? In determining the effects of its allegations, G.S. 1-151 requires "for the purpose of determining its effect its allegations shall be liberally construed with a view to substantial justice between the parties." Defendants demurrer admits, for the purpose of testing the sufficiency of the pleadings, the truth of factual averments well stated and all relevant inferences of fact reasonably deducible therefrom. It admits facts stated on information and belief as well as facts alleged on personal knowledge. Reynolds v. Murph, 241 N.C. 60, 84 S.E.2d 273. A demurrer does not admit inferences or conclusions of law. 3 Strong, N.C. Index, Pleadings § 12. A complaint must be fatally and wholly defective before it will be rejected as insufficient. Guerry v. Trust Co., 234 N.C. 644, 68 S.E.2d 272; 3 Strong, ibid.

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