(DOWNLOAD) "Horner V. Chamber Of Commerce" by Supreme Court of North Carolina ~ Book PDF Kindle ePub Free
eBook details
- Title: Horner V. Chamber Of Commerce
- Author : Supreme Court of North Carolina
- Release Date : January 01, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The appeal presents the single question as to whether the complaint discloses any cause of action in favor of the plaintiff. Hence, it calls for the application of the established rule that "when the objection is made that the complaint fails to state a cause of action, a liberal construction will be placed upon the pleading, with a view to sustaining it; and if in any portion of the pleading, or to any extent, it presents facts sufficient to constitute a cause of action, or if facts sufficient for that purpose can be fairly gathered from it, the pleading will be sustained, however inartificially it may have been drawn, or however uncertain, defective, or redundant may be its statements, and the complaint is not demurrable unless it is wholly insufficient." McIntosh: North Carolina Practice and Procedure in Civil Cases, section 443.